People Ex Rel. Town of Colesville v. Delaware & Hudson Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 22, 1903, which affirmed an order of Special Term granting a motion for a peremptory writ of-mandamus requiring the defendant to restore a certain highway where crossed by its railroad to its former state, or such state as not to unnecessarily impair its usefulness. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 22, 1903, which affirmed an order of Special Term granting a motion for a peremptory writ of-mandamus requiring the defendant to restore a certain highway where crossed by its railroad to its former state, or such state as not to unnecessarily impair its usefulness. The facts, so far as material, are stated in the opinion. The court was radically wrong in its conclusion that because the railroad commission had not consented, the court could not by mandamus point out the method…
1Opinion of the CourtCullen, J.
For more than twenty years prior to the year 1900 the respondent railroad company had operated a steam railroad through the town of Colesville, in Broome county, intersecting a certain highway in that town. As originally built, the railroad crossed the highway on grade, but the highway was raised some feet to bring it to the level of the rail road. In September, 1900, the respondent, for the purpose of improving its roadbed and for the better operation of its railroad, raised the grade of the railroad at the intersection of the highway, six and a half feet. Thereupon the relator brought an…
2Cases cited4 opinions
- The Albany Northern Railroad Company v. . BrownellNew York Court of Appeals · 1862
- People Ex Rel. Green v. Dutchess & Columbia RailroadNew York Court of Appeals · 1874
- People v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1878
- Peo. Ex Rel. v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1899
3Cited by9 opinions
- Costello v. . CostelloNew York Court of Appeals · 1913
- Sturman v. New York Central R.R. Co.New York Court of Appeals · 1939
- In re the New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- Danner v. New York & Harlem RailroadNew York Court of Appeals · 1914
- Sharp v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1923
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