Legal Opinion

People ex rel. Western New York & P. Railroad v. Adams

New York Supreme Court

Decided June 21, 1895PublishedCited by 9 opinions

Certiorari by the Western New York & Pennsylvania Railroad Company and Samuel G-. De Coursey, as receiver of said company, against Mahlon D. Adams and others, composing the common council of the city of Rochester, and others, to review an assessment for the construction of a bridge over relator’s tracks on Bronson avenue, in said city of Rochester.

1Opinion of the CourtWard, J.

The relator the Western New York & Pennsylvania Railroad Company is enjoying the franchise secured from the state by chapter 326 of the Laws of 1880, whereby the banks and prism of the old Genesee Valley Canal could be occupied by a railroad from Rochester to the Pennsylvania line. Section 5 of that act imposed upon the railroad corporation the duty within the city of Rochester of depressing its tracks below grade at the crossing of any streets in the city, and to provide a suitable over-crossing thereat, under the direction of the surveyor of the city. The relator’s road crosses Bronson…

2Cited by9 opinions

  1. Matter of Long Island R.R. Co. v. HylanNew York Court of Appeals · 1925
  2. Yackee v. Village of NapoleonOhio Supreme Court · 1939
  3. People ex rel. Schick v. MarvinAppellate Division of the Supreme Court of the State of New York · 1936
  4. In re Syracuse, Binghamton & New York RailroadAppellate Division of the Supreme Court of the State of New York · 1928
  5. City of St. Paul v. Great Northern Railway Co.Supreme Court of Minnesota · 1917

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