Stillwater & Mechanicville Street Railway Co. v. Boston & Maine Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Boston and Maine Railroad, from an order of the Supreme Court, made at the Saratoga Special Term and 'entered in the office of the clerk of the county of Saratoga on the 10th day of February, 1902, confirming the report of commissioners appointed in the proceedings and directing and adjudging that the Boston and Maine Railroad connect with the Stillwater and Mechanicville Street Railway, and permitting said street railway to make such connections…
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Appeal by the defendant, The Boston and Maine Railroad, from an order of the Supreme Court, made at the Saratoga Special Term and 'entered in the office of the clerk of the county of Saratoga on the 10th day of February, 1902, confirming the report of commissioners appointed in the proceedings and directing and adjudging that the Boston and Maine Railroad connect with the Stillwater and Mechanicville Street Railway, and permitting said street railway to make such connections at the place indicated on a certain map, “ and to erect thereon, over tracks so constructed by it, the necessary poles…
1Opinion of the Court
Kellogg, J.:
This is a compulsory proceeding instituted by a street railway corporation, and its purpose is clearly stated in the Special Term order “ to facilitate the free interchange of cars ” with a railroad belonging to the steam railroad system. The proceeding is new, the purpose new, and obviously the order of the Special Term opens up a held of inquiry of the greatest importance, not alone to railroad corporations, but to the general public, which has an interest in the streets and highways of the towns, villages and cities of the State. It means that the street surface railways,…
2Cases cited6 opinions
- Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Craig v. . Rochester City Brighton R.R. Co.New York Court of Appeals · 1868
- Condict v. Grand Trunk Railway CompanyNew York Court of Appeals · 1873
- People Ex Rel. Third Ave. R.R. Co. v. . NewtonNew York Court of Appeals · 1889
- De Grauw v. Long Island Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hudson Valley Railway Co. v. Boston & Maine RailroadNew York Supreme Court · 1904