New York Court of Appeals, 1928

Matter of Mayor, Common Council v. N.Y. Central R.R. Co

Matter of Mayor, Common Council v. N.Y. Central R.R. Co
New York Court of Appeals · Decided June 12, 1928
162 N.E. 538; 248 N.Y. 593; 1928 N.Y. LEXIS 1406 (North Eastern Reporter)

Matter of Mayor, Common Council v. N.Y. Central R.R. Co

Opinion of the Court

Order affirmed, with costs, on the ground that the petitioner has failed to show that an alteration of the *594 bridge is necessary for the public safety within the meaning of section 91 of the Railroad Law.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.

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