Danner v. New York & Harlem Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 23,1912, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 23,1912, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The public service commission had no power to relieve the defendants from the obligation imposed upon them by the language of section 21 of the Railroad Law. (People ex rel. Bacon v. N. C. Ry. Co., 164 N. Y. 289; People ex rel. Town of Colesville v. D. & H.…
1Opinion of the CourtMiller, J.
This is an action under section 21 of the Railroad Law, chapter 481 of the Laws of 1910 (formerly section 11 of chapter 565 of the Laws of 1890), to compel the defendant to restore a highway crossed by it to its former state. The defendant sought to justify what it did by an order of the public service commission made on the 12th day of September, 1907, pursuant to section 62 of the former Railroad Law, chapter 565 of the Laws of 1890, as amended by chapter 754 of the Laws of 1897 (now section 91 of the existing Railroad Law, chapter 481 of the Laws of 1910, Cons. Laws, ch. 49). The Special…
2Cases cited4 opinions
- Matter of N.Y. Central H.R.R.R. Co.New York Court of Appeals · 1910
- In re the Terminal Railway of BuffaloAppellate Division of the Supreme Court of the State of New York · 1907
- People Ex Rel. Town of Colesville v. Delaware & Hudson Co.New York Court of Appeals · 1904
- In re the New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by6 opinions
- In Re State Commission of Highways for Change of Grade Crossings in the Town of RipleyNew York Court of Appeals · 1925
- Erie Railroad Co. v. Public Service CommissionSuperior Court of Pennsylvania · 1921
- In re the Proceeding, under the Grade Crossing Elimination ActAppellate Division of the Supreme Court of the State of New York · 1929
- In re the Elimination Under Chapter 233, Laws of 1926, of the Highway Grade Crossings of RailroadAppellate Division of the Supreme Court of the State of New York · 1930
- In re the Hearing Before the Public Service Commissions for the First & Second DistrictsAppellate Division of the Supreme Court of the State of New York · 1917
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