Legal Opinion
People ex rel. City of Ithaca v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Decided December 2, 1896PublishedCited by 1 opinion
Appeal from special term, Tompkins county. Application by the city of Ithaca for a writ of mandamus to compel the Delaware, Lackawanna & Western Railroad Company and the Cayuga & Susquehanna Railroad Company to cause a street to be extended across the railway tracks of defendants, and for the cost of this action. From a judgment awarding a peremptory writ, defendants appeal.
1Opinion of the CourtHerrick, J.
By section 1 of chapter 62 of the Laws of 1853 it is provided that:
“It shall be lawful for the authorities of any city, village, or town in this •state, who are liy law empowered to lay out streets and highways, to lay out any street or highway across the tracks of any railroad laid or which may lu-icaftor be laid, without compensation to the corporation owning such railroad.”
By section 2 it is provider! that:
“It shall be the duty of any railroad corporation, across whose track a street or highway shall be laid out as aforesaid, immediately after the service of said notice, to cause the said…
2Cases cited4 opinions
- People Ex Rel. Herrick v. SmithNew York Court of Appeals · 1860
- Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
- In the Matter of William A. FowlerNew York Court of Appeals · 1873
- Buffalo, Bellevue & Lancaster Railroad v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1893
3Cited by1 opinion
- Chicago, R. I. & P. R. Co. v. TaylorSupreme Court of Oklahoma · 1920