People ex rel. Town of Colesville v. Delaware & Hudson Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, the Town of Colesville, from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Broome on the 3d day of October, 1902, directing the issuance of a peremptory writ of mandamus, in so far as said order fails to determine that the relator is entitled to a peremptory writ of mandamus requiring defendant to put in an undercrossing in order to restore a certain highway to its former state of…
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Appeal by the relator, the Town of Colesville, from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Broome on the 3d day of October, 1902, directing the issuance of a peremptory writ of mandamus, in so far as said order fails to determine that the relator is entitled to a peremptory writ of mandamus requiring defendant to put in an undercrossing in order to restore a certain highway to its former state of usefulness.
1Opinion of the Court
Chester, J.:
The order entered herein was made after a trial of the issue raised By a return to an alternative writ of mandamus. The trial resulted in the granting of a peremptory writ of mandamus against the defendant requiring it, in the language of the statute (Railroad Law [Laws of 1890, chap. 565], § 11), forthwith to restore the highway at *337Lockwood’s crossing of the defendant’s railroad in the town of Colesville “ to its former state, or to such state as not to have unnecessarily impaired its usefulness,” and requiring the defendant to pay costs to the relator. The relator appeals…
2Cases cited4 opinions
- People Ex Rel. Green v. Dutchess & Columbia RailroadNew York Court of Appeals · 1874
- People v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1878
- People ex rel. City of Niagara Falls v. New York Central & Hudson River RailroadNew York Court of Appeals · 1899
- In re New York, Lake Erie & Western RailroadNew York Court of Appeals · 1888
3Cited by1 opinion
- In re State Department of Public WorksAppellate Division of the Supreme Court of the State of New York · 1931