In re the New York, Lackawanna & Western Railway Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made November 23, 1881, which affirmed an order of the Special Term, appointing commissioners to fix the crossing of the railroad of the New York, Lake Erie and Western Railroad Company (appellant), by the road of the petitioner, the New York, Lackawanna and Western Railway Company in the town of Chemung, Chemung county.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made November 23, 1881, which affirmed an order of the Special Term, appointing commissioners to fix the crossing of the railroad of the New York, Lake Erie and Western Railroad Company (appellant), by the road of the petitioner, the New York, Lackawanna and Western Railway Company in the town of Chemung, Chemung county. (Mem. of decision below, 25 Hun, 556.) The material facts are stated in the opinion. The directors of the New York, Lackawanna and Western Railroad Company had no power to amend its…
1Opinion of the Court
Andrews, Ch. J.
There can be no- doubt that the petitioner must have acquired the right to construct its road through the county of Chemung, before it could apply for the appointment of commissioners to fix the crossing of the appellant’s road in that county. It did not acquire this right under its articles of association. The articles did not specify Chemung county as one of the counties through or into which the road of the petitioner was to run. The statute requires that the articles shall specify the name of each county through which the proposed road is intended to be made. (Laws of 1850,…
2Cited by2 opinions
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