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.