MATTER OF CITY OF MOUNT VERNON v. FEINBERG


280 A.D. 848 (1952)

In the Matter of The City of Mount Vernon, Petitioner, v. Benjamin F. Feinberg et al., Constituting The Public Service Commission of the State of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 13, 1952.


The general policy of the State on apportionment of maintenance costs of bridges carrying streets over railroads is stated in section 93 of the Railroad Law. The framework shall be maintained by the railroad; the roadway and approaches by the appropriate municipality. An exception is provided as to bridges "constructed" prior to July 1, 1897. As to those bridges, where the railroad had before then the obligation of maintenance of roadway, the obligation continues. A bridge...

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