Page images
PDF
EPUB

A case might doubtless be conceived of where a corporation, in bad faith, might attempt to evade the provisions of the statute by constructing a railroad under the guise of a branch or extension. The papers before me, however, fail to establish that condition in this case, and I see no adequate cause for treating the construction now being made as other than an extension."

In accordance with the foregoing conclusions, the motion to vacate the injunction is granted, with ten dollars costs, to abide event upon the following conditions:

1. Defendant shall file in the proper places respectively a map and profile of its proposed road over plaintiffs' property and the consents to the construction of its road by the local authorities of the town of Geddes.

2. It shall give an undertaking in the penal sum of $5,000, to be approved by a justice of this court or county judge of Onondaga county, conditioned that if it shall finally be determined herein that plaintiffs are entitled to compensation under sections 90 and 12 of the Railroad Law over and above the provisions of section 68, it will, within a reasonable time, take the proper steps to have such compensation fixed and pay the same.

Ordered accordingly.

Abandonment of Part of Street Surface Railroad.

I.

IN THE MATTER OF THE APPLICATION OF THE UTICA BELT LINE STREET RAILROAD COMPANY, UNDER SECTION 103 OF THE RAILROAD Law, FOR APPROVAL OF ABANDONMENT OF A PORTION OF

ITS TRACK.

April 26, 1899.

This application, by the Utica Belt Line Street Railroad Company, was filed with this Board on April 28, 1899. It asks the approval of the Board, under section 103 of the Railroad Law, of a declaration of abandonment of a portion of the track of the applicant on Grove place, between Elm street and Steuben street, in the city of Utica. Accompanying the application is a resolution of the common council of the city, asking the city surveyor to notify the company to take up its track in the street, as aforesaid. The proceeding required by the statute was taken by the company, and it appearing to this Board that it would be in the interest of the public to approve the declaration of abandonment of the track referred to, said declaration of abandonment was approved.

Change of Name.

I.

SUPREME COURT-ALBANY COUNTY.

IN THE MATTER OF THE PETITION OF THE ALBANY, HELDERBERG AND SCHOHARIE ELECTRIC RAILWAY COMPANY, AS TO CHANGING ITS NAME TO ALBANY AND SCHOHARIE VALLEY RAILROAD COM

'PANY.

August 24, 1899.

To the Supreme Court of the State of New York:

The petition of the Albany, Helderberg and Schoharie Electric Railway Company for leave to change its name and to assume the corporate name "Albany and Schoharie Valley Railroad Company," and the resolution of the board of directors of said company that it take the necessary steps to secure the change of name as aforesaid, which petition and resolution are hereto annexed, are hereby severally approved; and the Albany Evening Journal, newspaper, being the State paper, published at Albany, in which notices by State officers are authorized by law to be published, and the Schoharie County Democrat, published in the village of Schoharie, in the county of Schoharie, State of New York, are hereby approved and designated as newspapers in which the notice of the annexed petition for a change of name of said corporation shall be published, once a week for six successive weeks, in accordance with the provisions of section 2413 of the Code of Civil Procedure.

Dated at Albany, New York, August 24, 1899.

JOHN S. KENYON, Secretary Board of Railroad Commissioners.

Change of Gauge.

I.

IN THE MATTER OF THE APPLICATION OF THE STONY CLOVE AND CATSKILL MOUNTAIN RAILROAD COMPANY FOR CONSENT OF THE BOARD OF RAILROAD COMMISSIONERS TO A CHANGE OF THE GAUGE OF ITS RAILROAD, IN ACCORDANCE WITH CHAPTER 267 OF THE LAWS OF 1891.

April 19, 1899.

The Stony Clove and Catskill Mountain Railroad Company having duly filed with this Board, on or about April 1, 1899, a verified petition asking for the consent of this Board to a change of the gauge of said railroad from three feet to four feet eight and one-half inches, and it appearing from said petition that at a special meeting of the stockholders of said company, called for such purpose and held on the 27th day of March, 1899, at Rondout, N. Y., the corporation and persons representing and owning more than three-fourths of the capital stock of said company voted in favor of a resolution approving of such change of gauge as aforesaid, and it appearing to the Board that the interests of the public will be subserved by said change of gauge, it is

Ordered, That the prayer of the petitioner be granted and the Board of Railroad Commissioners hereby consents to a change of the gauge of the railroad of the Stony Clove and Catskill Mountain Railroad Company from three feet to four feet eight and one-half inches, in accordance with chapter 267 of the Laws of 1891.

II.

IN THE MATTER OF THE APPLICATION OF THE KAATERSKILL RAILROAD COMPANY FOR CONSENT OF THE BOARD OF RAILROAD COMMISSIONERS TO A CHANGE OF THE GAUGE OF ITS RAILROAD IN ACCORDANCE WITH CHAPTER 267 OF THE LAWS OF 1891.

April 19, 1899.

The Kaaterskill Railroad Company having duly filed with this Board, on or about April 1, 1899, a verified petition asking for the consent of this Board to a change of gauge of said railroad from

three feet to four feet eight and one-half inches, and it appearing from said petition that at a special meeting of the stockholders of said company, called for such purpose, and held on the 27th day of March, 1899, at Rondout, N. Y., the corporation and persons representing and owning more than three-fourths of the capital stock of said company voted in favor of a resolution approving of such change of gauge as aforesaid, and it appearing to the Board that the interests of the public will be subserved by said change of gauge, it is

Ordered, That the prayer of the petitioner be granted and the Board of Railroad Commissioners hereby consents to change of the gauge of the railroad of the Kaaterskill Railroad Company from three feet to four feet eight and one-half inches in accordance with chapter 267 of the Laws of 1891.

« PreviousContinue »