In re the Town Board
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, the Town Board of the Town of Boyalton, from an order of the Public Service Commission, second district, entered in the office of .the secretary of said Commission on the 19th day of May,, 1909. The order was made in disposing of the application of appellant pursuant to the provisions of section 61 of the Bailroad Law (Gen. Laws, chap. 39 [Laws of 1890, chap. 565], added by Laws of 1897, chap. 754, and amd. by Laws of 1898, chap. 520; since amd. by…
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Appeal by the petitioner, the Town Board of the Town of Boyalton, from an order of the Public Service Commission, second district, entered in the office of .the secretary of said Commission on the 19th day of May,, 1909. The order was made in disposing of the application of appellant pursuant to the provisions of section 61 of the Bailroad Law (Gen. Laws, chap. 39 [Laws of 1890, chap. 565], added by Laws of 1897, chap. 754, and amd. by Laws of 1898, chap. 520; since amd. by Laws of 1909, chap. 153) for the order of said Public Service Commission determining whether a highway theretofore laid…
1Opinion of the Court
Robson, J.:
The order before us for review determines only that “ the said highway shall be constructed over the said railroad upon a metal viaduct with a clearance of at least twenty-one-feet above the top of the.rail of the said railroád.” The length of the viaduct by which the highway is to be carried across the railroad, and the length, character and grades of the approaches thereto, which must also, as the statute *414requires, be determined by the Commission, are not fixed, but are expressly reserved for determination by subsequent final order. Before an appeal can properly be taken from…
2Cases cited2 opinions
- People ex rel. City of Niagara Falls v. New York Central & Hudson River RailroadNew York Court of Appeals · 1899
- New York Central & Hudson River Railroad v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by4 opinions
- Prosser v. Seaboard Air Line R. Co.Supreme Court of South Carolina · 1949
- State ex rel. City of Toppenish v. Public Service CommissionWashington Supreme Court · 1921
- In re the City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1935
- In re Incorporated Village of HobartAppellate Division of the Supreme Court of the State of New York · 1923