Majority
p. 924In the Matter of Opening, etc., of a Highway across the Erie Railroad Company’s Tracks, etc., in the Town of Hanover, and Known as the Overheiser Road. United States Railroad Administration and Erie Railroad Company, Appellants; Town Board of the Town of Hanover, Respondent.
Order reversed, with costs. Held, that no legal highway was effected over the railroad company’s lands, because no sufficient notice of the proceeding to determine the necessity thereof was given to the railroad company. All concur.