In re Opening of Nineteenth St. In Niagara Falls
Appellate Division of the Supreme Court of the State of New York
Appeal from common council of the city of Niagara Falls. Proceedings on the proposed opening and laying out and construction of Nineteenth street, in the city of Niagara Falls, across the tracks of the New York Central & Hudson River Railroad Company and other railroad companies.
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Appeal from common council of the city of Niagara Falls. Proceedings on the proposed opening and laying out and construction of Nineteenth street, in the city of Niagara Falls, across the tracks of the New York Central & Hudson River Railroad Company and other railroad companies. From a decision of the common council of the city of Niagara Falls to take the street across the tracks, and from its determination that such opening is a public necessity, the railroad companies appeal.
1Opinion of the CourtMcLENNAN, J.
The appeal is taken under section 62 of the railroad law (chapter 565, Laws 1890, as amended by chapter 754, Laws 1897). Section 61 of the act provides, in substance, that, when a new street or highway shall thereafter be constructed across a street surface railroad, such street shall pass over or under such railroad or at grade, as the board of railroad commissioners shall direct. Notice of intention shall be given to the company by the municipality, designating the time and place of hearing, and the railroad company shall be heard upon the question of necessity. It is then provided that, in…
2Cases cited1 opinion
- In Re City of Buffalo to Open Delavan AvenueNew York Court of Appeals · 1901
3Cited by2 opinions
- In Re Laying Out of a Town Highway in the Town of BallstonNew York Court of Appeals · 1939
- In re Laying Out of a Certain Town Highway in the Town of BallstonAppellate Division of the Supreme Court of the State of New York · 1937