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In re New York, Lackawanna & Western Railway Co.

33 N.Y. Sup. Ct. 245 Court N.Y. Gen. Term English

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p. 245
In the Matter of the Application of the New York, Lackawanna and Western Railway Company, Respondent, to Acquire a Crossing of the Avon, Geneseo and Mt. Morris Railroad Company and the New York, Lake Erie and Western Railroad Company over their Railroad in the Town of Mt. Morris, Appellants .

Order appealed from reversed, with ten dollars costs and disbursements, and motion to dismiss granted. Held, that a railroad company cannot maintain proceedings under section 28 of tlj.e general railroad act to acquire a crossing of the railroad of another company, until it has located its route.