In re the New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the President and Trustees of the Village of Ossining, from a determination and order of the Public Service Commission of the State of New; York, second district, bearing date the 17th day of June, 1909, and filed in the office of ■ said Commission, eliminating grade- crossings in the village of Ossining. The proceeding was instituted by the respondent, and the subsequent proceedings were had, under the provisions of section 62 of the Eailroad Law.
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Appeal by the President and Trustees of the Village of Ossining, from a determination and order of the Public Service Commission of the State of New; York, second district, bearing date the 17th day of June, 1909, and filed in the office of ■ said Commission, eliminating grade- crossings in the village of Ossining. The proceeding was instituted by the respondent, and the subsequent proceedings were had, under the provisions of section 62 of the Eailroad Law. (See Laws of 1890, chap. 565, § 62, added by Laws of 1897, chap. 754, and amd. by Laws of 1899, chap. 359. See, also, Laws of 1907,…
1Opinion of the Court
Rich, J.:
It was stipulated upon the hearing before the Public Service Commission that public safety required the elimination of the existing grade crossings. The stipulation removes from our consideration the “ convenience, adequacy and propriety of .the manner of elimination.” The remaining questions are the constitutionality of the Grade Crossing Act, and whether the appellant village can be required to pay any portion of the expenses attending the elimination of the crossings.
It is contended, first, that the improvement is for local or private purposes, and that the statutes (Railroad Law…
2Cases cited4 opinions
- In re the Boston & Albany RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- People Ex Rel. Town of Colesville v. Delaware & Hudson Co.New York Court of Appeals · 1904
- New York Central & Hudson River Railroad v. UntermyerAppellate Division of the Supreme Court of the State of New York · 1909
- New York Central and Hudson River Rd. Co. v. . UntermyerNew York Court of Appeals · 1909
3Cited by8 opinions
- Munro v. . State of New YorkNew York Court of Appeals · 1918
- People Ex Rel. Simon v. . BradleyNew York Court of Appeals · 1913
- Town of Polk v. Railroad CommissionWisconsin Supreme Court · 1913
- Rippley v. FrazerNew York Supreme Court · 1910
- Miller v. StateAppellate Division of the Supreme Court of the State of New York · 2000
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