Legal Opinion

People ex rel. Erie Railroad v. Board of Railroad Commissioners

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1905Published

Certiorari issued out of the Supreme Court and attested on the 25th day of June, 1904, directed to the Board of Railroad Commissioners of the State of ¡New York and to George W. Dunn and others, as Railroad Commissioners, etc., commanding them to'certify and return to the office of the clerk of the county of Albany all and singular their proceedings had in the matter tif granting to the Binghamton and Southern Railroad Company a certificate under section 59 of the Railroad…

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Certiorari issued out of the Supreme Court and attested on the 25th day of June, 1904, directed to the Board of Railroad Commissioners of the State of ¡New York and to George W. Dunn and others, as Railroad Commissioners, etc., commanding them to'certify and return to the office of the clerk of the county of Albany all and singular their proceedings had in the matter tif granting to the Binghamton and Southern Railroad Company a certificate under section 59 of the Railroad Law' (Laws of 1890,' chap. 565, added by Laws of 1892, chap. 676, and amd. by Laws of 1895, chap. 545).

1Opinion of the Court

Parker, P. J.:

The several objections taken by the relator in this proceeding cannot, in my judgment, be sustained.

The certificate, of incorporation of .the Binghamton and Southern Railroad Company fixes the western terminus of its proposed road at the point where the Apalachin creek crosses the boundary line between the States of ¡New York and Pennsylvania, and at the northern terminus of the road of the “ Pittsburg, Binghamton and Eastern Railroad Company ” and the eastern terminus at “ the city of Binghamton.” It gives the length of the proposed road as about eighteen miles and fixes the…

2Cases cited1 opinion

  1. People ex rel. New York, New Haven & Hartford Railroad v. Board of Railroad CommissionersAppellate Division of the Supreme Court of the State of New York · 1903

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