Village of Bolivar v. Pittsburg, Shawmut and Northern Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Village of Bolivar, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Allegany on the 4th day of May, 1903, vacating an injunction theretofore granted in the action by the county judge of Allegany county.
1Opinion of the Court
Williams, J.:
The order appealed from should: be reversed, and the motion to vacate injunction be denied.
The question involved is the right of the defendants to build their railroad across Main street in the village of Bolivar, Allegany county, at grade.
The action .was brought to restrain such construction because the defendants had not obtained a determination by the Board of Railroad Commissioners that it was impracticable to build'over or under the highway.
The Allegany Central Railroad Company was incorporated in 1881, and during that and the subsequent year constructed a narrow gauge…
2Cited by3 opinions
- Matter of Erie Railroad Co.New York Court of Appeals · 1913
- In re the New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- Neuhaus v. Long Island Rail Road Co.Appellate Division of the Supreme Court of the State of New York · 1968