Legal Opinion
City of Yonkers v. Maltbie
New York Supreme Court
Decided November 7, 1930Published
1Opinion of the CourtStaley, J.
The Yonkers Railroad Company apphed to the Pubhc Service Commission for an order increasing the fare to be charged upon its hnes and time was set for a hearing upon its application. The city of Yonkers by this proceeding seeks an order of prohibition on the ground that the Commission has no jurisdiction of the subject of the apphcation by reason of the existing franchise contracts between the city and the railroad company.
The basis of this contention is the decision of the Court of Appeals (Matter of Quinby v. Public Service Commission, 223 N. Y. 244, 263) wherein it was held that in the…
2Cases cited5 opinions
- Matter of Quinby v. . Public Service Comm.New York Court of Appeals · 1918
- People Ex Rel. City of New York v. . NixonNew York Court of Appeals · 1920
- Public Service Commission v. Westchester Street RailroadNew York Court of Appeals · 1912
- Matter of Evens v. Public Service Comm.New York Court of Appeals · 1927
- United Traction Co. v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1927