Village of Bolivar v. Pittsburg, Shawmut & Northern Railroad

Majority

p. 523

The Village of Bolivar, Respondent, v. The Pittsburg, Shawmut and Northern Railroad Company, Appellant, Impleaded with Another.

Headnote

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 ? ’’

p. 524

Frank Sullivan Smith and Fred A. Robbins for appellant.

JDe Merville Page and F. M. Worth for respondent.

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.