S. B. Penick & Co. v. New York Cent. R.

BIGGS, Circuit Judge.

The appellants own certain improved real estate abutting on Willow Avenue, a public highway in Hoboken, New Jersey. Willow Avenue, prior to the happening of the events set forth in the complaint, was crossed at grade by the appellee railroad companies’ tracks. These companies, pursuant to an order of the Board of Public Utility Commissioners of New Jersey, cpn-structed a viaduct and carried Willow Avenue above and across the tracks. Part of the viaduct is located on Willow Avenue at a point where the appellants’ properties abut upon it. The appellants by their complaint…