248 N.Y. 593

In the Matter of the Mayor and Common Council of the City of Yonkers, Appellants, against The New York Central Railroad Company, Respondent.

(Argued May 28, 1928;

decided June 12, 1928.)

Leonard G. McAneny and Richard E. Fitz Gibbon for appellants.

Frederick L. Wheeler, George H. Walker and Alexander S. Lyman for respondent.

Order affirmed, with costs, on the ground that the petitioner has failed to show that an alteration of the *594bridge 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.

Mayor & Common Council v. New York Central Railroad
248 N.Y. 593

Case Details

Name
Mayor & Common Council v. New York Central Railroad
Decision Date
Jun 12, 1928
Citations

248 N.Y. 593

Jurisdiction
New York

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