People Ex Rel. Western New York & Pennsylvania Railway Co. v. Knapp

The relator has been assessed for certain alleged special franchises. It claims to operate its railroad at the places designated under easements conveyed by the State and over its own property, and not by reason of any special privilege or franchise.

The matter was referred to ex-judge Nathaniel Foote as official referee, who reported in favor of the relator. The Appellate Division has reversed, and found in favor of the State.

The franchises have been considered under three differ ent heads, and I will treat them the samé way, taking up first the “ Lengthwise occupation of the former Genesee…