Village of Waverly v. Waverly & S. L. Ry. Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Application by the village of Waverly for a writ of mandamus to require the Waverly & State Line Bailway Company and its lessee, the Lehigh Valley Bailroad Company, and the Erie Bailroad Company, to take a certain street described in the proceedings across their tracks. From orders granting the writ, defendants appeal. The tracks of the Brie Railway and the Waverly & State Line Railway run approximately east and west through the village of Waverly.
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Appeal from special term. Application by the village of Waverly for a writ of mandamus to require the Waverly & State Line Bailway Company and its lessee, the Lehigh Valley Bailroad Company, and the Erie Bailroad Company, to take a certain street described in the proceedings across their tracks. From orders granting the writ, defendants appeal. The tracks of the Brie Railway and the Waverly & State Line Railway run approximately east and west through the village of Waverly. In that portion of the village where it is proposed that the new street shall be taken across the tracks of the…
1Opinion of the CourtHerrick, J.
At the time of the presentation of the petition to the board of trustees of the village of Waverly for the extension and laying out of Spaulding street across the defendants’ tracks, chapter 62 of the Laws of 1853 was in full force and effect. That statute provided that it should be lawful for the authorities of any city, village,, or town to lay out streets or highways across the tracks of any railroad without compensation to the corporation owning such railroad, and that, after receiving notice thereof, it should be the duty of any railroad corporation across whose tracks a street or…
2Cases cited5 opinions
- People Ex Rel. Lunney v. . CampbellNew York Court of Appeals · 1878
- People Ex Rel. Slavin v. . WendellNew York Court of Appeals · 1877
- People ex rel. Hackley v. Croton Aqueduct BoardNew York Supreme Court · 1867
- City of Yonkers v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- People ex rel. City of Niagara Falls v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1898