Lehigh & New York Railroad v. City of Auburn

Plaintiff asks judgment that certain assessments imposed upon it by the city of Auburn, for paving or resurfacing Baker avenue; be declared illegal, null and void, and be vacated, canceled and set aside, upon the ground that the property assessed is a part of its right of way and exclusively devoted to railroad (therefore public) purposes. It appears that the lands in question, which are twenty rods long and six rods wide, were all acquired by plaintiff’s lessor as right of way; that it is all within what is called the Auburn yard, and is used exclusively for railroad purposes. The…