People Ex Rel. Steward v. Board of Railroad Commissioners
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 22, 1899, reversing on certiorari a determination of the hoard of railroad commissioners granting the application of the Goshen Railroad Company for a certificate of public convenience and a necessity, under section 59 of the Railroad Law (Chapter 565 of the Laws of 1890, as amended hy chapter 676 of the Laws of 1892 and chapter 545 of the Laws of 1895). The…
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 22, 1899, reversing on certiorari a determination of the hoard of railroad commissioners granting the application of the Goshen Railroad Company for a certificate of public convenience and a necessity, under section 59 of the Railroad Law (Chapter 565 of the Laws of 1890, as amended hy chapter 676 of the Laws of 1892 and chapter 545 of the Laws of 1895). The facts, so far as material, are stated in the opinions. The Appellate Division had no right to review the proceedings of the…
1Opinion of the Court
Parker, Ch. J.
The Goshen Railroad Company, having performed the preliminary requirements of the statute, applied to the railroad commissioners for the certificate authorized by section fifty-nine of the Railroad Law; the railroad commissioners inspected the location of the proposed new road, and in pursuance of notice duly given a public hearing was granted to enable those of the public who were opposed to the granting of the certificate to appear and present their reasons for their opposition; upon said hearing the relators appeared in • person and by counsel and produced witnesses who were…
2Cases cited5 opinions
- In Re Niagara Falls & Whirlpool Railway Co.New York Court of Appeals · 1888
- Starr v. Trustees of RochesterNew York Supreme Court · 1831
- People Ex Rel. Burnham v. . JonesNew York Court of Appeals · 1888
- People Ex Rel. Loughran v. Board of Railroad CommissionersNew York Court of Appeals · 1899
- People ex rel. Babylon Railroad v. Board of Railroad CommissionersAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by39 opinions
- Pacific Telephone Etc. Co. v. EshlemanCalifornia Supreme Court · 1913
- People Ex Rel. Schau v. . McWilliamsNew York Court of Appeals · 1906
- Trustees of the Village of Saratoga Springs v. Saratoga Gas, Electric Light & Power Co.New York Court of Appeals · 1908
- Rommell v. WalshSupreme Court of Connecticut · 1940
- People Ex Rel. New York Edison Co. v. WillcoxNew York Court of Appeals · 1912
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