People ex rel. Town of Scarsdale v. Public Service Commission
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested on the 28th day of-December, 1914, directed to the Public Service Commission of the State of New York for the Second District and others, commanding them to certify and return to the office of the clerk of the county of Albany all and singular their proceedings had in charging a part of the expense for the eliminating a grade crossing and for the construction of a new crossing upon the relator.
1Opinion of the Court
Kellogg, P. J.:
A grade crossing over the railroad tracks at Hartsdale avenue, situated entirely in the town of Greenburgh, was, by order of thé Public Service Commission, entirely eliminated, and a new overhead crossing established some distance from it. The part of the new crossing going over the railroad track is entirely in the town of Greenburgh, but in order to make the crossing available for the highway in the town of Scarsdale it was necessary to build in that town a ramp or approach to the crossing. The propriety of the elimination of the old crossing, and the establishment of the new…
2Cases cited2 opinions
- Matter of Melenbacker v. . Vil. of SalamancaNew York Court of Appeals · 1907
- Matter of Erie Railroad Co.New York Court of Appeals · 1913
3Cited by1 opinion
- City of San Jose v. Railroad CommissionCalifornia Supreme Court · 1917