p. 574In the Matter of the Application of the City of New York, Respondent. New York and Harlem Railroad Company et al., Appellants; Transit Commission of the State of New York, Respondent. (East 238th Street Crossing.) (Argued June 4, 1926; decided July 9, 1926.)
Headnote
Railroads — New York city — carry street across tracks.Matter of City of New York (East 238th St.), 215 App. Div. 152 , affirmed.
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 15, 1926, which unanimously affirmed a determination of the Transit Commission directing that East Two Hundred and Thirty-eighth street in the borough of The Bronx, city of New York, be carried accross the Bronx River valley upon a viaduct in accordance with plans and specifications previously approved and that appellant railroad companies construct so much of said bridge as was above their respective
p. 575
rights of way running through said valley, and also the approach at the eastern end of said bridge, the companies being held responsible only for one-half of the cost of such construction, as provided by section 94 of the Railroad Law. (See 224 N. Y. 708 ; 238 N. Y. 122 .)
Order affirmed, with costs;
Isaac N. Mills, Alexander S. Lyman and Charles M. Sheafe, Jr., for appellants.
Carleton S. Cooke and Louis W. Stotesbury for Transit Commission, respondent.
George P. Nicholson, Corporation Counsel (Vincent Victory of counsel), for city of New York, respondent.
no opinion.
Concur: Pound, McLaughlin, Crane and Lehman, JJ..
Dissenting: Cardozo and Andrews, JJ. Not voting: His cock, Ch. J.
Cases cited
- In re the City of New York 224 N. Y. 708 p. 575
- McAneny v. New York Central Railroad 238 N. Y. 122 p. 575