People ex rel. New York Central Railroad v. Public Service Commission
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 9, 1919, which dismissed a writ of certiorari to review an order of the public service commission directing relator to repair the roadway and the approaches to a bridge over its railroad yards in the town of West Seneca.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 9, 1919, which dismissed a writ of certiorari to review an order of the public service commission directing relator to repair the roadway and the approaches to a bridge over its railroad yards in the town of West Seneca. The order of the board of railroad commissioners placing the entire burden of maintenance of the roadway and sidewalk and the overhead bridges and approaches upon the railroad was contrary to the express provisions of the statute, beyond the…
1Opinion of the CourtPound, J.
The question is whether the board of railroad commissioners in determining the manner of crossing Clinton street by the railroad yard herein mentioned might impose conditions as to the future maintenance and repair of the approaches to the bridge over the yard, not on the railroad property.
It is unnecessary to recite the details of the long history of the proceedings herein. Briefly, petitioner’s predecessor, the Terminal Railway, desiring to construct, in addition to its double-track road on grade, extensive yards in the towns of Cheektowaga and West Seneca several miles in length and nearly…
2Cases cited5 opinions
- In re the Terminal Railway of BuffaloAppellate Division of the Supreme Court of the State of New York · 1907
- Peo. Ex Rel. N.Y.C. H.R.R.R. Co. v. . P.S. Comm.New York Court of Appeals · 1919
- People ex rel. Town of West Seneca v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1909
- Matter of Erie Railroad Co.New York Court of Appeals · 1913
- Matter of Terminal Railway of BuffaloNew York Court of Appeals · 1908
3Cited by2 opinions
- City of New York v. Long Island RailroadNew York Court of Appeals · 1936
- In Re C. N.Y. v. L. I. R.R.New York Court of Appeals · 1936