Legal Opinion
Matter of Grade Crossing (L. Vy. R.R. Co.)
New York Court of Appeals
Decided April 17, 1934PublishedCited by 4 opinions
1Opinion of the Court
That the Public Service Commission, to avoid grade crossing, may direct alterations or changes in existing highways was not first introduced into the law by the New Grade Crossing Act (Laws of 1928, ch. 678). We find in sections 89, 92 and 94 of the Railroad Law (Laws of 1910, ch. 481, as amd.; Cons. Laws, ch. 49) the power of the Public Service Commission to determine that alterations or changes may be made in any existing highway, at or in the vicinity of a proposed crossing for the purpose of avoiding a crossing at grade.
Pursuant to the constitutional amendment (Art. 7, § 14) providing…
2Cases cited1 opinion
- In Re the Elimination of the Grade Crossing of the Wicopee-Beekman County Highway, No. 627New York Court of Appeals · 1932
3Cited by4 opinions
- Syracuse Grade Crossing Commission v. Delaware, Lackawanna & Western Railroad Co.New York Supreme Court · 1940
- In re the Proceeding, under the Grade Crossing Elimination ActAppellate Division of the Supreme Court of the State of New York · 1937
- Delaware, Lackawanna & Western Railroad v. FenglerNew York Supreme Court · 1941
- Gardiner Manufacturing Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1973