In re the Proposed Opening & Laying Out & Construction of Tennessee Avenue

McCann, J.:

This is a proceeding to adopt a private street as a public highway and to declare a crossing of a railroad by such highway to be a public necessity. A branch of the Delaware, Lackawanna and Western railroad running northerly from Owego approaches the city of Ithaca on the top of a hill and descends such hill by a so-called “ switch-back,” by means of which it runs its trains northerly, then backs them down and along what is known as the middle switch, a distance of 4,907 feet and again northerly on what is called the lower switch into the city of Ithaca. The tracks of this “…