G. W. Ry. Co. v. . N.Y.C. H.R.R.R. Co.

The plaintiff is a street railroad company duly incorporated in the year 1893. In January, 1895, it instituted this proceeding under section twelve of the Railroad Law to acquire the right to cross the defendants' tracks at a point where they intersect the highway upon which the petitioner's road is constructed. The matter was tried before a referee, who, in February, 1897, dismissed the proceeding, holding that the petitioner had not shown any right to maintain it. A judgment of dismissal, with costs, was entered and subsequently affirmed at the Appellate Division. On May 22, 1897, chapter…