General

In the Matter of the Application of the Town Board and Town Superintendent of Highways of the Town of Colchester, Delaware County, Respondents, under Section 61 of the Railroad Law for an Order Determining Whether a New Highway Laid Out by Said Municipal Authorities Shall Be Constructed across the New York, Ontario and Western Railway, Appellant, over, under or at Grade of Said Railway Near Cook's Falls Station in Said Town

151 A.D. 946·New York Supreme Court, Appellate Division·1912·NY

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Opinion

In the Matter of the Application of the Town Board and Town Superintendent of Highways of the Town of Colchester, Delaware County, Respondents, under Section 61 of the Railroad Law for an Order Determining Whether a New Highway Laid Out by Said Municipal Authorities Shall Be Constructed across the New York, Ontario and Western Railway, Appellant, over, under or at Grade of Said Railway Near Cook’s Falls Station in Said Town. See Gen. Laws, chap. 39 (Laws óf 1890, chap. 565), § 61, added by Laws of 1897, chap. 754, as amd. by Laws of, 1898, chap. 520, and Laws of 1909, chap. 158; now Consol. Laws, chap. 49 (Laws of 1910, chap. 481), § 90.— Ref. [MAJORITY] Determination of the Public Service Commission unanimously confirmed, with costs.