People ex rel. Delaware & Hudson Co. v. Public Service Commission
Appellate Division of the Supreme Court of the State of New York
"Certiorari issued out of the Supreme Court and attested on the 29th day of September, 1920, directed to the Public Service Commission of the State of New York, Second District, commanding it to certify and return to the office of the clerk of the county of Albany all and singular its proceedings had requiring the Delaware and Hudson Company to raise its railroad bridge over the Hudson river at Fort Edward sufficiently to provide a clearance of fifteen and one-half feet, as…
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"Certiorari issued out of the Supreme Court and attested on the 29th day of September, 1920, directed to the Public Service Commission of the State of New York, Second District, commanding it to certify and return to the office of the clerk of the county of Albany all and singular its proceedings had requiring the Delaware and Hudson Company to raise its railroad bridge over the Hudson river at Fort Edward sufficiently to provide a clearance of fifteen and one-half feet, as required by the Barge Canal Act.
1Opinion of the Court
Van Kirk, J.:
There is no dispute of the facts. The bridge in question was "constructed in 1850 by the Saratoga and Washington Railroad Company, which was incorporated under chapter 249, section 13, of the Laws of 1834. The railroad over this bridge is now operated by the relator, Delaware and Hudson Company, as part of its railroad system. The Barge canal was constructed under the Barge Canal Act (Laws of 1903, chap. 147), as amended. A Barge canal terminal was constructed at Fort Edward under chapter 746 of the Laws of 1911, and the Barge canal, at the location of this bridge, is in the…
2Cases cited9 opinions
- Sage v. Mayor of New YorkNew York Court of Appeals · 1897
- Oswego Syracuse R.R. Co. v. . StateNew York Court of Appeals · 1919
- Gates v. . StateNew York Court of Appeals · 1891
- Lehigh Valley R.R. Co. v. . Canal BoardNew York Court of Appeals · 1912
- People Ex Rel. Hopkins v. . B'd Sup'rs Kings Co.New York Court of Appeals · 1873
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