New York Supreme Court, 1893

Port Richmond & Prohibition Park Electric Railroad v. Staten Island Rapid Transit Railroad

New York Supreme Court · Decided July 15, 1893 · Barnard, Dykman, Pratt

78 N.Y. Sup. Ct. 179; 54 N.Y. St. Rep. 319

Counsel

Alexander 8. Bacon, for the appellant., Tracy, Bomdman & Platt, for the respondent.

Opinion of the Court

Pratt, J.:

We think the seventh finding of fact is sustained by the evidence. From that it follows that no agreement was reached between the companies as to the crossing.

If plaintiff cannot make a satisfactory arrangement it must apply under the Railroad Act, which we believe to be applicable.

The judgment must be affirmed, with costs.

Barnard, P. J., concurred; Dykman, J., not sitting.

Judgment affirmed, with costs.

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