Legal Opinion

In re the Proceeding, under the Grade Crossing Elimination Act , for the Elimination of the Existing Highway-Railroad Crossing at Grade of the Railroad Operated by New York, Ontario and Western Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided May 22, 1935PublishedCited by 10 opinions

1Opinion of the CourtEdgcomb, J.

East Seneca street is a public highway located in the easterly outskirts of the city of Oswego, and crosses at grade eight tracks of the New York, Ontario and Western Bailway Company, one of which is the running track and is used for the operation of both passenger and freight trains, and the other seven of which give access to industrial plants, coal trestles, etc. The tracks cover a distance of 233 feet, measured along the center of the highway.

Pursuant to the provisions of the Grade Crossing Ehmination Act (Laws of 1928, chap. 678), the city, in 1929, suggested to the Public Service…

2Cases cited14 opinions

  1. Interstate Commerce Commission v. Union Pacific RailroadSupreme Court of the United States · 1912
  2. Erie Railroad v. Board of Public Utility CommissionersSupreme Court of the United States · 1921
  3. New York Ex Rel. New York & Queens Gas Co. v. McCallSupreme Court of the United States · 1917
  4. Lehigh Valley Railroad v. Board of Public Utility CommissionersSupreme Court of the United States · 1928
  5. Village of Carthage v. . FrederickNew York Court of Appeals · 1890

9 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Kessler v. TarratsNew Jersey Superior Court Appellate Division · 1983
  2. In re the Proceeding, under the Grade Crossing Elimination ActAppellate Division of the Supreme Court of the State of New York · 1937
  3. New York v. GebhardtCourt of Appeals for the Second Circuit · 1945
  4. Brooklyn Union Gas Co. v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1970
  5. Island Park, LLC v. New York State Department of TransportationAppellate Division of the Supreme Court of the State of New York · 2009

5 more not listed; retrieve them via the Exa API.

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