New York Central Railroad v. County of Erie

The Town of Cheektowaga in the county of Erie has appealed from a judgment of the Supreme Court which declares it to he the duty of the town to keep in repair and maintain railings on the outer sides of an overpass or bridge which carries Harlem Avenue, a county highway, over the tracks of the New York Central Eailroad in said town and county.. The action was brought against both the town and the county for a declaration of the duty of such maintenance. The judgment relieves the county. We agree that there is no obligation of such maintenance upon the plaintiff railroad.

This overpass or…