In the Matter of the Application of the Village of Waverly, Appellant, for a Writ of Mandamus against Erie Railroad Company, Respondent; In the Matter of the Application of the Village of Waverly, Appellant, for a Writ of Mandamus against Waverly and State Line Railway Company and its Lessee, Lehigh Valley Railroad Company, Respondents

In the Matter of the Application of the Village of Waverly, Appellant, for a Writ of Mandamus against Erie Railroad Company, Respondent. In the Matter of the Application of the Village of Waverly, Appellant, for a Writ of Mandamus against Waverly and State Line Railway Company and its Lessee, Lehigh Valley Railroad Company, Respondents. (Argued February 28, 1899; decided March 14, 1899.) Appeals from an order of the Appellate Division of the Supreme Court in the third judicial department in each of the above-entitled proceedings, entered December 3, 1898, reversing orders of Special Term granting peremptory writs of mandamus directing the defendants to lay out a street across their tracks in the village of Waverly. Matter of Village of Waverly, 35 App. Div. 38, affirmed. Frederick E Fawkes for appellant. Frederick Collin for Erie Railway Company, respondent. George M. Diven for Waverly. and State Line Railway Company et al., respondents. [MAJORITY] Orders affirmed, with costs, on opinion in People ex rel. City of Niagara Falls v. N. Y. C. & H. R. R. R. Co. (158 N. Y. 410).