Legal Opinion

Clean Street Railway Co. v. Pennsylvania Railroad

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

Decided July 1, 1902PublishedCited by 6 opinions

Appeal by the defendants, The Pennsylvania Railroad Company and another, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Cattaraugus on the 6th day of August, 1902, authorizing, permitting and empowering the plaintiff to intersect and cross at grade the right of way and tracks of the defendants at a point in the town of Portville, Cattaraugus county, N. Y., and to carry its feed and trolley wires over…

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Appeal by the defendants, The Pennsylvania Railroad Company and another, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Cattaraugus on the 6th day of August, 1902, authorizing, permitting and empowering the plaintiff to intersect and cross at grade the right of way and tracks of the defendants at a point in the town of Portville, Cattaraugus county, N. Y., and to carry its feed and trolley wires over the tracks and right of way of the said defendants.

1Opinion of the Court

McLennan, J.:

This proceeding was commenced on the 27th day of June, 1902, by the service of respondent’s petition for the purpose of having appointed commissioners pursuant to section 12 of .the Railroad Law (Laws of 1890, chap. 565, as amd. by Laws of 1892, chap. 676), to determine the amount of compensation to be paid by the respondent to the appellants for a crossing of their railroad in the town of Portville in the county of Cattaraugus, and to determine the line or lines, grade or grades, and point or manner of intersection of one railroad by the other. The appellants duly filed an.…

2Cited by6 opinions

  1. State ex rel. Northern Pacific Railway Co. v. Railroad Commission of WisconsinWisconsin Supreme Court · 1909
  2. Owen v. CarrAppellate Court of Illinois · 1985
  3. Lake Shore & Michigan Southern Railway Co. v. Chautauqua Traction Co.New York Supreme Court · 1907
  4. New Paltz, Highland & Poughkeepsie Traction Co. v. Central New England Railway Co.New York Supreme Court · 1914
  5. Oneonta, Cooperstown & Richfield Springs Railway Co. v. Cooperstown & Charlotte Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1903

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