Majority
p. 1107In re MAYOR, etc., OF CITY OF SCHENECTADY. (Supreme Court, Appellate Division, Third Department. May 23, 1903.)
Headnote
In the matter of the petition of the mayor and common council of the city of Schenectady, under section 62 of the railroad law (Heydeeker’s Gen. Laws, p. 3291) and chapter 376, p. 968, Laws 1902, as to changing certain grade crossings of the New York Central & Hudson River Railroad and the railroad operated by the Delaware & Hudson Company in that city from grade to undercrossings.No opinion. Motion denied as to the General Electric Company and the American Locomotive Company. Motion as to the other parties granted, with $10 costs to the Schenectady Railway Company, unless the appellant serves notice of appeal upon such company within 10 days after service of notice of entry of this order, leave to do which is hereby granted, and also pays $10 costs to such company, in which event said motion denied, without costs.