People Ex Rel. City of New York v. . Nixon
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial-department, entered January 23, 1920, which affirmed an order of Special Term granting a motion for a writ of prohibition. The facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial-department, entered January 23, 1920, which affirmed an order of Special Term granting a motion for a writ of prohibition. The facts, so far as material, are stated in the opinion. The public service commission is not vested with the power or jurisdiction to authorize an increase over the maximum rate of fare stipulated by a municipality as a condition of the grant of its consent to the construction and operation of a street railroad. (Matter of Quinby v. P. S. Comm., 223 N. Y. 244;…
1Opinion of the CourtCardozo, J.
On October 29, 1912, the South Shore Traction Company obtained the consent of the city of New York to the construction and operation of a street railway along stated streets and avenues, chiefly in the borough of Queens. The consent was given upon the condition that five cents should be the maximum fare. In August, 1919, the receivers of the Manhattan and Queens Traction Corporation, which had succeeded to the franchise of the South Shore Traction Company, made application to the public service commission for authority to charge a higher fare on the ground that the existing maximum was unjust…
2Cases cited29 opinions
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- Hunter v. City of PittsburghSupreme Court of the United States · 1907
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
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- Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
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3Cited by59 opinions
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- In re the Estate of CorliesNew York Surrogate's Court · 1934
- People Ex Rel. Desiderio v. . ConollyNew York Court of Appeals · 1924
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