Erie Railroad v. Village of Elmira Heights

Rhodes, J.:

The complaint seeks an injunction restraining the defendant from enforcing an ordinance heretofore adopted, requiring the plaintiff to install gates at a highway in said defendant village known as Suffern’s Crossing, where the right of way of plaintiff *442crosses Oakwood avenue in said village. The complaint further asks that defendants be enjoined from suing plaintiff for alleged violation of said ordinance and that such ordinance be declared null and void, and that plaintiff have such other and further relief as may be just and equitable.

Defendants base their objection to the…