Legal Opinion

People ex rel. New York Central Railroad v. Public Service Commision

Appellate Division of the Supreme Court of the State of New York

Decided December 29, 1919PublishedCited by 1 opinion

Certiorari issued out of the Supreme Court and attested on the 31st day of October, 1918, directed to the Public Service Commission of the State of New York, Second District, and Charles B. Hill and others, as Public Service Commissioners of the State of New York, being members of said Board, Second District, commanding them to certify and return to the office of the clerk of the county of Albany all and singular their proceedings had as to the complaint of the town board…

Read the full summary

Certiorari issued out of the Supreme Court and attested on the 31st day of October, 1918, directed to the Public Service Commission of the State of New York, Second District, and Charles B. Hill and others, as Public Service Commissioners of the State of New York, being members of said Board, Second District, commanding them to certify and return to the office of the clerk of the county of Albany all and singular their proceedings had as to the complaint of the town board and board of highway superintendents of the town of Seneca, Erie county, against the New York Central Railroad Company, as…

1Opinion of the Court

Lyon, J.:

The question involved on this appeal is as to the authority of the Board of Railroad Commissioners to make provision in an order for the elimination of a grade highway crossing at Clinton street in the town of West Seneca, Erie county, N. Y., that the roadway and sidewalk on the overhead bridge at said crossing be maintained by the Términal Railway of Buffalo, irrespective of the provisions of section 64 of the Railroad Law.

On or about December 1, 1906, the Terminal Railway of Buffalo filed with the Board of Railroad Commissioners its petition alleging among other things that the…

2Cases cited4 opinions

  1. In re the Terminal Railway of BuffaloAppellate Division of the Supreme Court of the State of New York · 1907
  2. People ex rel. Town of West Seneca v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1909
  3. Matter of Terminal Railway of BuffaloNew York Court of Appeals · 1908
  4. In re the Terminal Railway of BuffaloAppellate Division of the Supreme Court of the State of New York · 1907

3Cited by1 opinion

  1. City of New York v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 1936

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API