Town of Nichols v. Park

Van Kirk, J.:

The New York, Lackawanna and Western Railway Company crosses a public highway, known as the River road in the town of Nichols, Tioga county, twice at grade within about 2,000 feet. The easterly crossing is called Stewart’s crossing and the westerly Park’s crossing. The highway, at Stewart’s crossing, passes from the northerly to the southerly side of the railroad line, proceeds then about parallel to the railroad to Park’s crossing, and there returns to the northerly side of the railroad. The town of Nichols, under section 91 of the Railroad Law, instituted a proceeding before…