People ex rel. City of Yonkers v. New York Central & Hudson River Railroad
New York Supreme Court
Appeal from special term, Westchester county. Application by the city of Yonkers for a writ of mandamus to compel the New York Central & Hudson River Railroad Company to take a street in such city over defendant’s tracks. From a judgment denying the application, relator appeals.
1Opinion of the CourtPratt, J.
This is an appeal from a judgment denying the relator’s application for a writ of mandamus, and of costs to the defendant against the relator. This proceeding was brought by the relator to compel the defendant, by writ of mandamus, to take Locust street, in the city of Yonkers, across its tracks, under the provisions of chapter 62 of the Laws of 1853.1 We .think it is plain, from the evidence and the findings, that there is no merit in this application. It could result, if granted, in no public benefit, but would subserve only private interests. Indeed, the people of that vicinity would be…
2Cited by2 opinions
- Robins Dry Dock & Repair Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1913
- Townsend v. BishopAppellate Division of the Supreme Court of the State of New York · 1901