In re the Elimination of Crossings at Grade of Pennsylvania Railroad

Majority

p. 495

In the Matter of the Elimination of Crossings at Grade of The Pennsylvania Railroad Company et al., Appellants, over the Farnham-Irving State Highway in Town of Brant; Public Service Commission of the State of New York, Respondent. In the Matter of Crossing of the Farnham-Irving State Highway over the Right of Way of the New York Central Railroad, Appellant; Public Service Commission of the State of New York, Respondent.

(Case No. 5389.)

(Case No. 5651.)

Argued October 5, 1938;

decided February 21, 1939.

p. 496

Evan Hollister, Percy R. Smith, Frank Rumsey and Harold J. Adams for Pennsylvania Railroad Company and New York, Chicago and St. Louis Railroad Company, appellants.

Howard R. Sturtevant and John E. Leach for New York Central Railroad Company, appellant.

Sherman C. Ward and Gay H. Brown for respondent.

Orders affirmed, with costs; no opinion.

Concur: Crane, Ch. J., O’Brien, Hubbs, Loughran, Finch and Rippey, JJ. Taking no part: Lehman, J.