In re the New York, Lake Erie & Western Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made April 4, 1882, which affirmed the decision of commissioners appointed under the provision of the General Railroad Act (§ 22, chap. 140, Laws of i860) to procure a change of the proposed route of the New York, Lackawanna and Western Railroad Company, where it crosses the land and tracks of the petitioner. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made April 4, 1882, which affirmed the decision of commissioners appointed under the provision of the General Railroad Act (§ 22, chap. 140, Laws of i860) to procure a change of the proposed route of the New York, Lackawanna and Western Railroad Company, where it crosses the land and tracks of the petitioner. The facts, so far as material, are stated in the opinion. This court has power to send the report hack to the commissioners, where errors of law have been committed. (Matter of L. S. & M. S. R.…
1Opinion of the CourtRapallo, J.
This application was made under section 22 of the General Railroad Law, and commissioners were appointed by the Supreme Court to examine the route originally located by the respondent and the change proposed by the appellant. This change, so far as it related to the route, was very slight, and the main object of the application seems to have been to change the manner of crossing the appellant’s road, from a grade to an overhead crossing. The commissioners, after taking testimony and personally inspecting the location of the route proposed by the respondent, and the substituted route proposed…
2Cited by1 opinion
- In re New York, Lake Erie & Western RailroadNew York Court of Appeals · 1888