The constitutionality of the act has been upheld. ( Bohmer v. Haffen, 35 App. Div. 381; affd., 161 N.Y. 390.) The city concedes that the defendant obtained an exemption under this act, but claims that by reason of subsequent enactments the exemption has been taken away, and that the defendant is now amenable to the general provisions of the Railroad Law, which apply to all street railroads in the matter of such repairs.
An extension involves the idea of something pre-existing, with which it is connected, and which is thereby enlarged. In Bohmer v. Haffen ( 35 App. Div. 381, 388; affd., 161 N.Y. 390) Presiding Justice VAN BRUNT said: "In considering the provisions of chapter 676 of the Laws of 1892, in relation to extensions by street surface railroad corporations, it would seem that the word `extend' was not intended to be used in its restricted sense of prolongation in a given direction, but rather that it was intended to enable the railroad company to acquire a right of construction, maintenance and operation of additional routes which might be operated in connection with its existing lines." But each extension which is unrelated to any other extension except through the thing which they enlarge would naturally be spoken of as a separate extension just as the certificate in question described them as separate and additional routes.