Majority
p. 832In the Matter of the Petition of the Town Board and Town Superintendent of Highways of the Town of Waterford, Saratoga County, under Section 90, Railroad Law, for an Order Determining How Van Ness Street Highway in Said Town Shall Cross a Railroad and Right of Way Leased to and Operated by the Delaware, and Hudson Company.
Order affirmed, with costs. Order denying rehearing affirmed, without costs. Davis, Whitmyer and Hill, JJ., concur; Van Kirk, P. J., and Hinman, J., dissent and vote for a reversal of the order which denied a rehearing.