Town of Cortlandt v. New York Central Railroad
Appellate Division of the Supreme Court of the State of New York
Reargument of submission of a controversy pursuant to section 1279 of the Code of Civil Procedure. (See 171 App. Div. 921.)
1Opinion of the Court
Jenks, P. J.:
This is a submitted controversy which presents the sole question whether it is the duty of the defendant to repair the roadway of a certain bridge. Before September 28, 1905, there was a public highway in the town of Cortlandt which crossed defendant’s right of way and was carried over defendant’s tracks by a bridge. Such bridge was constructed and used for several years prior to January 1, 1897. In September, 1905, the local authorities of the town permitted the defendant to make a temporary change of such overhead crossing. Between 1906 and 1910, at the instance of the…
2Cases cited4 opinions
- Bush v. . D., L. W.R.R. Co.New York Court of Appeals · 1901
- City of Yonkers v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1900
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1915
- Matter of City of New York v. . the New York Central Rd.New York Court of Appeals · 1915
3Cited by3 opinions
- City of Mount Vernon v. FeinbergAppellate Division of the Supreme Court of the State of New York · 1952
- In re HennerNew York Supreme Court · 1925
- City of Mount Vernon v. FeinbergNew York Supreme Court · 1951