Legal Opinion

In re the Ticonderoga Union Terminal Railroad

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

Decided November 14, 1906Published

Application by the Ticonderoga Union Terminal Railroad Com-" pony, under section 59 of the Railroad Law (Laws of 1890, chap, 565, added by Laws of .1892* chap. 676, and amd. by Laws of 1895, ehap. 545), for an order directing the Board of Railroad Commissioners of' the State of New York to issue a certificate of public • convenience-and a necessity for the-construction of'a proposed road from" Addison Junction upon the line of the New York and Canada Railroad Company, now…

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Application by the Ticonderoga Union Terminal Railroad Com-" pony, under section 59 of the Railroad Law (Laws of 1890, chap, 565, added by Laws of .1892* chap. 676, and amd. by Laws of 1895, ehap. 545), for an order directing the Board of Railroad Commissioners of' the State of New York to issue a certificate of public • convenience-and a necessity for the-construction of'a proposed road from" Addison Junction upon the line of the New York and Canada Railroad Company, now leased by the Delaware and Hudson Railroad Company, westwardly into and through the village of Ticonderoga.

1Opinion of the Court

Smith, J.:

• Upon the record the petitioner made a strong case for a certificate of necessity and convenience of a trolley road upon the route finally asked for. It is a fraction only over four miles in length. Its construction would cost a little over $60,000. It was to be financed by citizens of Ticonderoga who were substantially unanimous in their testimony that it was desirable and necessary. The conclusions of the witnesses seem to have been sustained by the facts sworn to in detail. Moreover one of the Commissioners himself, in the course of the proceeding, made a statement that the…

2Cases cited1 opinion

  1. People ex rel. New York Central v. Board of Railroad CommissionersAppellate Division of the Supreme Court of the State of New York · 1904

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