Lehigh Valley Railway Co. v. Adam
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 18, 1902, upon an order reversing a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term and granting a new trial.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 18, 1902, upon an order reversing a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term and granting a new trial. This action was brought to obtain an injunction to restrain the defendants from proceeding to compel the plaintiff railway company to elevate a part of its road in the city of Buffalo and to reconstruct its freight and passenger terminals. The facts, so far as material, are stated in- the opinion. The respondent grade…
1Opinion of the CourtWerner, J.
The grade crossing commission of the city of Buffalo is a body of statutory creation and jurisdiction. (Ch. 345, L. 1888; Ch. 255, L. 1890; Ch. 353, L. 1892.) The question before us is whether that body had jurisdiction in 1899 to impose upon the Lehigh Valley Railway Company the burden of elevating its tracks in accordance with the plan then adopted. The answer to that question is to be found in the statute (Ch. 353, L. 1892), which is the latest legislative grant of power to the commission, and which provides that the commissioners “ shall adopt a general plan for the relief of the city…
2Cited by1 opinion
- Erie Railroad Co. v. . City of BuffaloNew York Court of Appeals · 1904