Oneonta, Cooperstown & Richfield Springs Railway Co. v. Cooperstown & Charlotte Valley Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Cooperstown and Charlotte Valley Eailroad Company and another, from an order of the Supreme Court, made at the Otsego Special Term and entered in the office of the clerk of the county of Otsego on the 12th day of March, 1903, granting to the plaintiff a temporary crossing over the tracks of the defendants’ railroad, with notice of an intention to bring up for review upon such appeal certain intermediate orders made herein.
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Appeal by the defendants, The Cooperstown and Charlotte Valley Eailroad Company and another, from an order of the Supreme Court, made at the Otsego Special Term and entered in the office of the clerk of the county of Otsego on the 12th day of March, 1903, granting to the plaintiff a temporary crossing over the tracks of the defendants’ railroad, with notice of an intention to bring up for review upon such appeal certain intermediate orders made herein. This is a special proceeding under section 12 of the Eailroad Law (Laws of 1890, chap. 565, as amd. by Laws of 1892, chap. 676) in which the…
1Opinion of the Court
Chester, J.:
The position of the appellants, that the court had no jurisdiction Or power to grant the order for a temporary crossing, is based, in substance, upon the claims, first, that at the time the order for such •crossing was made no proceedings had been lawfully instituted or commenced for the appointment of commissioners to determine the *288compensation; or the manner of crossing, and that the petition is insufficient to confer jurisdiction upon the court to appoint commissioners ; Second, that the determination of the Board Of Eailroad Commissioners as to the manner of crossing' was a…
2Cases cited4 opinions
- Matter of Lockport and Buffalo R.R. Co.New York Court of Appeals · 1879
- Clean Street Railway Co. v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Geneva & W. Ry. Co. v. New York Cent. & H. R. R.New York Supreme Court · 1895
- In re Saratoga Electric Railway Co.New York Supreme Court · 1890