Legal Opinion
In re the Proceeding, Under the Grade Crossing Elimination Act
Appellate Division of the Supreme Court of the State of New York
Decided February 18, 1931No. Case No. 4697PublishedCited by 3 opinions
1Opinion of the CourtDavis, J.
It has been determined after proper hearing that a grade crossing on the Ithaca-West Danby highway shall be eliminated in the interest of public safety. The plans as approved *532carry the highway over the railroad on an elevated structure with necessary approaches. The proposed highway and bridge over the railroad have a width of twenty-four feet available for travel. About one hundred and fifty feet south of the railroad there is a stream known as Cayuga inlet. This stream runs approximately parallel to the track. It is admitted that the over-grade structure must be carried over this stream.
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2Cases cited4 opinions
- Erie Railroad v. Board of Public Utility CommissionersSupreme Court of the United States · 1921
- In re the Proceeding, under the Grade Crossing Elimination ActAppellate Division of the Supreme Court of the State of New York · 1929
- In re the Elimination Under Chapter 233, Laws of 1926, of the Highway Grade Crossings of RailroadAppellate Division of the Supreme Court of the State of New York · 1930
- In re the State Highway CommissionAppellate Division of the Supreme Court of the State of New York · 1922
3Cited by3 opinions
- In re Carey Road Grade CrossingAppellate Division of the Supreme Court of the State of New York · 1933
- In re Proceeding, under the Grade Crossing Elimination ActAppellate Division of the Supreme Court of the State of New York · 1937
- In re Proceeding, under the Grade Crossing Elimination ActAppellate Division of the Supreme Court of the State of New York · 1937