
    In the Matter of the Town of Schaghtiooke, Respondent, v. The Fitchburg Railroad Company, Appellant.
    
      Matter of Town Board of Sahaghticoke v. Fitchburg B. B. Bo., 53 App. Div. 16, affirmed.
    (Argued January 10, 1902;
    decided January 28, 1902.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, made June 28, 1900, which affirmed a determination of the board of railroad commissioners of the state of New York that the grade crossing of the defendant’s railroad at Melrose should be abolished and directing said defendant to carry the highway beneath its railroad.
    
      T. F. Hamilton for appellant.
    
      Frank F. MoDuffee for respondent.
   Order affirmed, with costs; no opinion.

Concur: Cray, O’Brien, Bartlett, Haight, Cullen and Werner, JJ. Not sitting: Parker, Ch. J.  