City of New York v. Long Island Railroad

Crane, Ch. J.

(dissenting). Section 93 of the Railroad Law (Cons. Laws, ch. 49) reads: “ When a highway crosses a railroad, by an overhead bridge, the framework of the bridge and its abutments shall be maintained and kept in repair by the railroad corporation, and the roadway thereover and the approaches thereto shall be maintained and kept in repair by the municipality having jurisdiction over and in which the same are situated.”

The Special Term judge before whom this hearing was had decided that this provision applied to all the six bridges over the railroad tracks of the Long Island rail*660road…