International Ry. Co. v. Prendergast

MANTON, Circuit Judge.

This bill, in equity, seeks to enjoin an enforcement of state statutes and orders of the publie service commission of the state o£ New York> refiuirinS tke plaintiff to operate its street railway at certain maximum rates of fare. The basis of the right to relief is that the rates of fare are inadequate, and, if enforced, would be confiscatory of *295the plaintiff’s property. Plaintiff filed a tariff fixing fares, and the public service commission refused, by the orders in question, to permit them to become effective. Its position is that the rate of return upon the fares now…