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NEW YORK CENT. R. R. CO. v. COUNTY OF ERIE

278 A.D. 521 (1951)

New York Central Railroad Company, Respondent, v. County of Erie, Respondent, and Town of Cheektowaga, Appellant

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

July 11, 1951.

Attorney(s) appearing for the Case

George B. Doyle for appellant.

Mark N. Turner for plaintiff-respondent.

Wortley B. Paul and Elmer R. Weil for defendant-respondent.

All concur. Present — TAYLOR, P. J., McCURN, KIMBALL, PIPER and WHEELER, JJ.

KIMBALL, J.

The Town of Cheektowaga in the county of Erie has appealed from a judgment of the Supreme Court which declares it to be the duty of the town to keep in repair and maintain railings on the outer sides of an overpass or bridge which carries Harlem Avenue, a county highway, over the tracks of the New York Central Railroad in said town and county. The action was brought against both the town and the county...

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