Delaware, L. & W. R. v. City of Syracuse

Citations

• 165 F. 631
• 92 C.C.A. 41
• 1908 U.S. App. LEXIS 4796

Syllabus

<p>Railboads (§ 75*) —Right to Bttm Trestle on Stbeet — Coksewt of Municipality.</p> <p>Under the railroad law of New York (Laws 1890, p. 1087, e. 565, § 11), which authorizes a railroad company to cross a street in a city with its track only with the “assent of the corporation of such city,” which under the statutory provisions governing cities of the second class can only be given by the common council, an ordinance giving a railroad company the “right to construct and operate a switch or switches, trade or tracks,” across a certain street, under which the company built a number of switch tracks across at grade, does not authorize it to build another upon a trestle resting on abutments of concrete located in the street and 10 feet apart, nor can the ordinance bo enlarged to cover such a structure by any action of the administrative officers, as by the granting of a building permit.</p> <p>[Ed. Noie. — For other cases, see Railroads, Cent. Dig. § 185; Dec. Dig. i 75.*]</p>