People ex rel. City of Niagara Falls v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, made June 18,1898, affirming an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendant to carry Tenth street, in the city of Miagara Falls, across the tracks of its railway. 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, made June 18,1898, affirming an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendant to carry Tenth street, in the city of Miagara Falls, across the tracks of its railway. The facts, so far as material, are stated in the opinion. The notice served under the statute of 1853, and the omission of defendant to obey it, gave a right to the writ applied for to relator, which right is not affected by chapter 754 of the Laws of 1897. (People ex rel. v. N.…
1Opinion of the Court
Parker, Ch. J.
We held in People ex rel. City of Buffalo v. New York Central & Hudson R. R. R. Co. (156 N. *412Y. 570) that the effect of the provisions of section 31 of the Statutory Construction Law (Laws of 1892, chap. 677) is to preserve a proceeding pending in a court to compel a railroad to take a street across its tracks after the preliminary steps have been taken as provided by chapter 62 of the Laws of 1853, notwithstanding the repeal of such act by chapter 754 of the Laws of 1897. In that case the city of Buffalo had not only acquired the right to compel the railroad to take a street…
2Cases cited2 opinions
- In re Village of WaverlyAppellate Division of the Supreme Court of the State of New York · 1898
- People ex rel. City of Buffalo v. New York Central & Hudson River RailroadNew York Court of Appeals · 1898
3Cited by5 opinions
- State Ex Rel. City of Grand Island v. Union Pacific RailroadNebraska Supreme Court · 1950
- In re the Town BoardAppellate Division of the Supreme Court of the State of New York · 1910
- New York Central & Hudson River Railroad v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1908
- People ex rel. Town of Colesville v. Delaware & Hudson Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Town Board of Royalton v. New York Cent. & H. R. RailroadAppellate Division of the Supreme Court of the State of New York · 1910