Appellate Division of the Supreme Court of the State of New York June 30, 1925 (Briggs v. City of North Tonawanda)

Crouch, J.:

About 1870 the tracks of the Erie railroad were carried on a bridge over the road which is now Tremont street in North Tonawanda. In 1913 Tremont street, which had been a slag road, *782was paved. The grade beneath the bridge was lowered at that time a foot and eight-tenths. The work was done pursuant to plans adopted by the city authorities.