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In the Matter of the MAYOR and COMMON COUNCIL OF THE CITY OF YONKERS, Appellants, against THE NEW YORK CENTRAL RAILROAD COMPANY, 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.

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MATTER OF MAYOR, COMMON COUNCIL v. N.Y. CENTRAL R.R. CO
(Jun 12, 1928)