Opinion
Argued May 28, 1928
Decided June 12, 1928
Appeal from the Supreme Court, Appellate Division, Second Department.
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 bridge 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.