General
The Village of Bolivar, Respondent, v. The Pittsburg, Shawmut and Northern Railroad Company, Appellant, Impleaded with Another
179 N.Y. 523·New York Court of Appeals·1904·NY
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Opinion
The Village of Bolivar, Respondent, v. The Pittsburg, Shawmut and Northern Railroad Company, Appellant, Impleaded with Another.
Village of Bolivar v. P., S. & If. B. B. Go., 88 App. Div. 387, affirmed.
(Argued June 1, 1904;
decided June 17, 1904.)
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 2, 1903, which reversed an order of Special Term vacating a temporary injunction to restrain the defendants from building a certain railroad crossing at grade.
The following question was certified: “ Did the defendant, The Pittsburg, Shawmut and Northern Railroad Company, have the right to construct its railroad across Main Street, in the Village of Bolivar without first obtaining a determination under section sixty of the Railroad Law by the State Board of Railroad Commissioners as to the manner of such crossing ? ’’
Frank Sullivan Smith and Fred A. Robbins for appellant.
JDe Merville Page and F. M. Worth for respondent.
[MAJORITY]
Order affirmed, with costs, and question certified answered in the negative, on opinion below.
Concur: O’Brien, Bartlett, Martin, Vann, Cullen and Werner, JJ.: Not voting : Parker, Ch. J.