In re the Terminal Railway of Buffalo
Appellate Division of the Supreme Court of the State of New York
Appeal by the Town of Cheektowaga, Erie county, from a determination of the Board of Railroad Commissioners of the State of New York, made on the 30th day of April, 1907, and filed in the office of the clerk of said Board, relating to the manner of .crossing the tracks of the petitioner, located in said town, The proceeding was instituted by the petitioner, the Terminal Railway of Buffalo, on or about the 3Pth day of November, 1906, by filing its' petition with the Board of…
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Appeal by the Town of Cheektowaga, Erie county, from a determination of the Board of Railroad Commissioners of the State of New York, made on the 30th day of April, 1907, and filed in the office of the clerk of said Board, relating to the manner of .crossing the tracks of the petitioner, located in said town, The proceeding was instituted by the petitioner, the Terminal Railway of Buffalo, on or about the 3Pth day of November, 1906, by filing its' petition with the Board of Railroad Commissioners, in which it was alleged in substance that the petitioner is a steam -surface railroad…
1Opinion of the Court
McLennan, P. J.:
Two questions are presented by this appeal:
First. Did the Board of Railroad Commissioners have jurisdiction and authority to make the determination appealed from ? and,
Second. If it had such jurisdiction, did it properly exercise its discretion in the premises ?
The question of jurisdiction must depend upon the meaning and interpretation which should be given to sections 60 and 62 of the Railroad' Law. So far as it is important to note, section 60* provides : “All steam surface railroads hereafter built, except' additional switches and sidings, must be so constructed as to…
2Cited by9 opinions
- People ex rel. Town of West Seneca v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1909
- Danner v. New York & Harlem RailroadNew York Court of Appeals · 1914
- People Ex Rel. N.Y.C.R.R. Co. v. . P.S. Comm.New York Court of Appeals · 1921
- Danner v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- People ex rel. New York Central Railroad v. Public Service CommissionNew York Court of Appeals · 1921
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