In re New York, Lake Erie & Western Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made April 19, 1887, which reversed an order of Special Term appointing commissioners herein and denied the application for such appointment. (Reported below, 44 Hun, 215.) The nature of the proceedings, and the facts so far as 'material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made April 19, 1887, which reversed an order of Special Term appointing commissioners herein and denied the application for such appointment. (Reported below, 44 Hun, 215.) The nature of the proceedings, and the facts so far as 'material, are stated in the opinion. A railroad company should have the right to a natural construction of section 22 of chapter 140 of Laws of 1850, as amended in 1871, in every case where its alleged objections to the proposed route of the constructing company are such as…
1Opinion of the Court
Ruger, Ch. J.
The appellant, the Hew York, Lake Erie and Western Railroad Company, filed and serve.d its petition under section 22 of chapter 140 of the Laws of 1850, being the general railroad act, to procure the appointment of commissioners to examine the proposed route of the Pittsburg, Lackawanna and Horth-eastern Railroad, in the town of Way-land, with a view of securing a change of its line, where it is expected to cross the track of the former company.
The reasons alleged in such petition for the desired change were that the proposed crossing was objectionable and dangerous:
(1.) Because…
2Cases cited3 opinions
- Dudley v. . MayhewNew York Court of Appeals · 1849
- In re Proceedings by the Boston, Hoosac Tunnel & Western Railway Co.New York Court of Appeals · 1879
- In re the New York, Lake Erie & Western RailroadNew York Court of Appeals · 1885
3Cited by1 opinion
- People ex rel. Town of Colesville v. Delaware & Hudson Co.Appellate Division of the Supreme Court of the State of New York · 1903