Matter of Erie Railroad Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 22, 1912, which affirmed an order of the public service commission for the second district requiring the petitioner to construct a subway under its tracks in the town of Hinsdale for the purpose of avoiding a highway crossing at grade. 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 fourth judicial department, entered May 22, 1912, which affirmed an order of the public service commission for the second district requiring the petitioner to construct a subway under its tracks in the town of Hinsdale for the purpose of avoiding a highway crossing at grade. The facts, so far as material, are stated in the opinion. The supplementary petition filed herein, the order of the commission and the facts proved upon the hearing raise the question as to whether section 89 of the Railroad Law applies to this…
1Opinion of the CourtHiscook, J.
The appellant, the Erie Railroad Company, was the owner and engaged in the operation of a single-track steam railroad crossing at grade a certain public highway in the town of Hinsdale, Cattaraugus county. As part of an extensive plan for improving its construction and facilities, and thereby affording better accommodations and greater safety to the public, it pro- . posed to move a little its existing track at said crossing, and also to lay a second track across the highway at that point. These improvements involved laying the .new track in part upon a right of way south of that originally…
2Cases cited3 opinions
- Matter of N.Y. Central H.R.R.R. Co.New York Court of Appeals · 1910
- Village of Bolivar v. Pittsburg, Shawmut and Northern RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Village of Bolivar v. Pittsburg, Shawmut & Northern RailroadNew York Court of Appeals · 1904
3Cited by5 opinions
- City of San Jose v. Railroad CommissionCalifornia Supreme Court · 1917
- People Ex Rel. N.Y.C.R.R. Co. v. . P.S. Comm.New York Court of Appeals · 1921
- People ex rel. New York Central Railroad v. Public Service CommissionNew York Court of Appeals · 1921
- People v. . Delaware Hudson Co.New York Court of Appeals · 1920
- People ex rel. Town of Scarsdale v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1916