In re the Proceeding, under the Grade Crossing Elimination Act

The appellant Western New York Water Company contends that the words “ incidental improvements connected therewith ” as used in the grade crossing amendment (State Const, art. VII, § 14), and in the enabling act (Laws of 1939, chap. 289) are intended to include the cost of the relocation of its water mains made necessary by a grade crossing elimination. Prior to the Constitutional Amendment, the common-law obligation of a utility to relocate its own structures at its own expense in connection with a grade crossing elimination program was definitely declared. (Transit Comm. v. Long Island R.…