Venner v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs in each of the above-entitled actions from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 5th day of July, 1913, denying the plaintiffs’ motion for judgment on the pleadings, and adjudging that the complaints, as amended, do not state facts sufficient to constitute a cause of action, and, further, granting the motion of the defendants in both actions for judgment on…
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Appeal by the plaintiffs in each of the above-entitled actions from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 5th day of July, 1913, denying the plaintiffs’ motion for judgment on the pleadings, and adjudging that the complaints, as amended, do not state facts sufficient to constitute a cause of action, and, further, granting the motion of the defendants in both actions for judgment on the pleadings, and that the complaints as amended be dismissed, with costs. Also an appeal from the judgment entered in…
1Concurrence
Kellogg, J. (concurring in result):
Without further consideration I am unwilling to agree that the Public Service Commission has the legal right to authorize the issue of these certificates, but a decision of that question is not necessary and I express no opinion thereon.
Section 55 of the Public Service Commissions Law (Consol. Laws, chap. 48; Laws of 1910, chap. 480) applies to these certificates, and they could issue only after the approval of the Commission. (People v. New York Central & H. R. R. R. Co., 138 App. Div. 601; affd., 199 N. Y. 539.)
In determining whether it should approve of…
2Cases cited2 opinions
- People v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- People v. the New York Central and Hudson River Rail.New York Court of Appeals · 1910