City of Amsterdam v. Fonda, Johnstown & Gloversville Railroad

This case comes before the court upon a written statement of the facts, and it will not be necessary to make any full statement of facts in deciding the case, reference being had to the facts stipulated. The defendant railroad company has a single track extending through Market street in the city of Amsterdam, the plaintiff. Inasmuch as the statement of facts and the briefs of counsel do not mention it, I assume that the franchise granted by the plaintiff to the defendant has no stipulation bearing upon the question in this case.

The determination of the case depends upon the construction of…