Legal Opinion
Westchester El. R.R. Co. v. W. Co. P. Comm.
New York Court of Appeals
Decided January 6, 1931PublishedCited by 7 opinions
1Opinion of the Court
The Hutchinson River parkway, which is a park (Matter ofCounty of Westchester [H.R. Parkway], 246 N.Y. 314), was laid out by defendant Commission on both sides of East Lincoln avenue and East Third street in Mount Vernon and Pelham. All incidental proceedings in connection with the acquisition, improvement and embellishment of the park are declared to be for a county purpose (Laws of 1922, ch. 292, § 4). For many years, pursuant to franchise rights, plaintiff railroad company has maintained tracks on these streets and plaintiff lighting company has maintained gas mains. In order that the…
2Cases cited5 opinions
- New Orleans Gas Light Co. v. Drainage Commission of New OrleansSupreme Court of the United States · 1905
- Transit Commission v. Long Island RailroadNew York Court of Appeals · 1930
- Matter of Petition of DeeringNew York Court of Appeals · 1883
- Matter of Co. of Westchester (h.R. Parkway)New York Court of Appeals · 1927
- Chace Trucking Co. v. Richmond Light & RailroadNew York Court of Appeals · 1919
3Cited by7 opinions
- Jones v. BurnsMontana Supreme Court · 1960
- State Road Com'n of Utah v. Utah Power & Light Co.Utah Supreme Court · 1960
- State Highway Department v. Delaware Power & Light Co.Court of Chancery of Delaware · 1961
- State Highway Dept. v. Delaware Power & Light Co.Supreme Court of Delaware · 1961
- Binghamton Gas Works v. StateNew York Court of Claims · 1945
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