In re the Director of the Buffalo Frontier Terminal Railroad
Appellate Division of the Supreme Court of the State of New York
Application by the directors of the Buffalo Frontier Terminal Bailroad Company, under section 59 of the Bailroad Law (Laws of 1890, chap. 565, added by Laws of 1892, chap. 676, and amd. by Laws of 1895, chap. 545), for an order directing the- Public Service Commission of the second district of the State of New York to issue to the petitioner a certificate of public convenience and a necessity.
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Application by the directors of the Buffalo Frontier Terminal Bailroad Company, under section 59 of the Bailroad Law (Laws of 1890, chap. 565, added by Laws of 1892, chap. 676, and amd. by Laws of 1895, chap. 545), for an order directing the- Public Service Commission of the second district of the State of New York to issue to the petitioner a certificate of public convenience and a necessity. The petitioner was organized as a railroad corporation in January, 1904, for the purpose of building and operating a steam railroad of standard gauge from a point on Lake Erie one and one-half miles…
1Dissent
McLennan, P. J. (dissenting) :
I agree with the statement contained in the opinion of brother Spring that “ the evidence justifies the determination that in the situation presented to the Board (of Bailroad Commissioners) there was a paramount necessity for the issuance of a certificate to one or the other of the two rival companies (the petitioner and the Buffalo, Lake Erie and Niagara Bailroad Company). If we should review the (this) application as an original one, * * * as was done in
Matter of Rochester, Corning, Elmira Traction Co. (118 App. Div. 521) we Should also conclude that the…
2Cases cited4 opinions
- People Ex Rel. v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1898
- In re the Application of the Directors of the Rochester, Corning, Elmira Traction Co.Appellate Division of the Supreme Court of the State of New York · 1907
- People ex rel. Amm v. Board of Railroad CommissionersAppellate Division of the Supreme Court of the State of New York · 1905
- People ex rel. Sawyer v. Board of Railroad CommissionersAppellate Division of the Supreme Court of the State of New York · 1908