Legal Opinion
In re Carey Road Grade Crossing
Appellate Division of the Supreme Court of the State of New York
Decided May 19, 1933No. Case No. 4172Published
1Opinion of the CourtTaylor, J.
State Highway No. 5547 crosses at grade the appellant’s tracks, the Mohawk river and seventy-five feet of intermediate land in the town of Whitestown, Oneida county. This is a proceeding under the Grade Crossing Elimination Act (Laws of 1928, chap. 678, as amd.) to elevate the highway so that it will cross above the territory mentioned, some 422 feet westerly from the old grade crossing. The old roadway is 15§ feet wide, the new one is to be 24 feet. In the stipulation of facts it is conceded that public welfare requires this elimination, that the highway should be at the same elevation over…
2Cases cited4 opinions
- New York Ex Rel. New York & Queens Gas Co. v. McCallSupreme Court of the United States · 1917
- McAneny v. . N.Y.C.R.R. Co.New York Court of Appeals · 1924
- In re the Proceeding, Under the Grade Crossing Elimination ActAppellate Division of the Supreme Court of the State of New York · 1931
- In re the Elimination of Grade Crossings of the New York Central RailroadNew York Court of Appeals · 1931