New York, Ontario & Western Railway Co. v. Griffin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Morton C. Griffin, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 8th day of April, 1922, upon the decision of the court rendered after a trial at the Orange Trial Term without a jury.
1Dissent
Kelly, J. (dissenting):
I dissent. I think the plaintiff has no status to maintain this action in equity. The validity of the consent granted by the local authorities of Middletown to the operation of defendant’s bus line was passed upon, properly, by the Public Service Commission upon defendant’s application for a certificate of public convenience ánd necessity. (Matter of Kings, Queens & Suffolk R. R. Co., 6 App. Div. 241.) The plaintiff was a party to that proceeding and was heard before the Commission in opposition to the application; the order of the Commission cannot be attacked…
2Cases cited2 opinions
- In re Kings, Queens & Suffolk RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Town of North Hempstead v. Public Service Corp.Appellate Division of the Supreme Court of the State of New York · 1921