Sabre v. Rutland Railroad
Supreme Court of Vermont
Appear, from an order of the Public Service Commission directing the construction, maintenance, and operation of gates at a gradé crossing near the passenger station at Alburgh. The , opinion states the case.
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Appear, from an order of the Public Service Commission directing the construction, maintenance, and operation of gates at a gradé crossing near the passenger station at Alburgh. The , opinion states the case. All laws relating to the Public Service Commission, and particularly P. S. 4611, are unconstitutional because legislative, executive, and judicial functions are conferred on the Commission and hopelessly commingled, in violation of our State Constitution; and because those laws deny a full judicial review of the commissioners’ orders, making its findings of facts final, whereby such…
1DissentPowers, J.
The Public Service Commission made an order requiring the defendants to install, maintain and operate suitable gates at a grade crossing at the railroad station Alburgh. The Rutland Railroad Company appealed from that order, and seeks an annulment thereof on the grounds (1) that the findings of the commission are predicated, in whole or in part, upon evidence received after the hearing provided for by law had finally adjourned; and (2) that the act creating the commission is unconstitutional and void.
1. The record before us shows that these proceedings were begun by a petition filed with the…
2Cases cited64 opinions
- Kilbourn v. ThompsonSupreme Court of the United States · 1881
- Wayman v. SouthardSupreme Court of the United States · 1825
- United States v. GrimaudSupreme Court of the United States · 1911
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
- Hayburn's CaseSupreme Court of the United States · 1792
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