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Village of North Pelham v. N.Y., N.H. H.R.R. Co.

Appellate Division of the Supreme Court of New York, Second Department
Apr 24, 1908
125 App. Div. 641 (N.Y. App. Div. 1908)

Opinion

April 24, 1908.

George P. Breckenridge, for the appellant.

William Greenough, for the respondent.


The stopping place of the railroad is between the incorporated villages of Pelham and North Pelham, i.e., the former borders on the centre line of its track to the South and the latter on the said line to the North. There is only one stopping-place there. The Railroad Law (sec. 34) calls a regular railroad stopping-place a station. It requires that "Any such station in an incorporated village shall have the same name as the village". The name given to this stopping-place by the railroad company is Pelham. It was given for the town of Pelham, within which both villages lie, and before they existed. There being only one stopping-place it cannot be given two names, and as it is not wholly "in" either village, but half in each, the petitioner cannot compel the railroad company to change from the old name to the petitioner's name. The statute has not provided for such a case.

The order should be affirmed.

WOODWARD, JENKS, HOOKER and RICH, JJ., concurred.

Order affirmed, with ten dollars costs and disbursements.


Summaries of

Village of North Pelham v. N.Y., N.H. H.R.R. Co.

Appellate Division of the Supreme Court of New York, Second Department
Apr 24, 1908
125 App. Div. 641 (N.Y. App. Div. 1908)
Case details for

Village of North Pelham v. N.Y., N.H. H.R.R. Co.

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. VILLAGE OF NORTH PELHAM…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 24, 1908

Citations

125 App. Div. 641 (N.Y. App. Div. 1908)
110 N.Y.S. 2