Town Board of Royalton v. New York Cent. & H. R. Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from Public Service Commission. Application of the town board of the town of Royalton for an order-fixing the manner of crossing of a new highway in said town over the tracks of the New York Central & Hudson River Railroad Company.
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Appeal from Public Service Commission. Application of the town board of the town of Royalton for an order-fixing the manner of crossing of a new highway in said town over the tracks of the New York Central & Hudson River Railroad Company. From an order of the Public Service Commission directing that the-highway should be constructed over the railroad on a metal viaduct with a clearance of at least 21 feet above the top of the rail of the-railroad, that the town board should submit plans and specifications for the viaduct, showing the height, length, and material to be in accordance with the…
1Opinion of the Court
-ROBSON, J.
The order before us for review determines only that “the highway shall be constructed over the said railroad upon a metal viaduct with a clearance of at least 21 feet above the top of the rail of the said railroad.” The length of the viaduct by which the highway is to be carried across the railroad, and the length, character, and: *845grades of the approaches thereto, which must also, as the statute requires, be determined by the commission, are not fixed, but are expressly reserved for determination by subsequent final order. Before an appeal can properly be taken from such an order,…
2Cases cited3 opinions
- Peo. Ex Rel. v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1899
- People ex rel. City of Niagara Falls v. New York Central & Hudson River RailroadNew York Court of Appeals · 1899
- New York Central & Hudson River Railroad v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- State ex rel. City of Toppenish v. Public Service CommissionWashington Supreme Court · 1921