People ex rel. New York Central & Hudson River Railroad v. Public Service Commission
New York Court of Appeals
Appeal from an order of the Appellate Division of the ¡Supreme Court in the third judicial department, entered January 5, 1916, which dismissed a writ of certiorari and confirmed an order of the public service commission, second district, granting to respondent Frontier and Western Eailroad Company a certificate of public convenience and necessity. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the ¡Supreme Court in the third judicial department, entered January 5, 1916, which dismissed a writ of certiorari and confirmed an order of the public service commission, second district, granting to respondent Frontier and Western Eailroad Company a certificate of public convenience and necessity. The facts, so far as material, are stated in the opinion. The commission exceeded its powers in granting a certificate for route A-B-C. (People ex rel. D. Ry. Co. v. Comm., 4 App. Div. 263; Matter of Riverhead, Q. & S. R. R. Co., 36 App. Div. 517;…
1Opinion of the Court
Hiscock, Ch. J.
Prior to October 29, 1909, the respondent Frontier and Western Railroad Company was incorporated for the purpose of constructing and operating a steam railroad. As provided by law its certificate of incorporation amongst other things fixed precisely the location of the termini of the proposed road which were both within the county of Erie, stated its length which was four miles and specified that its route lay entirely within the said county.
At about the date specified it presented to the public service commission a petition asldng that the latter certify that it had complied…
2Cases cited4 opinions
- People Ex Rel. South Shore Traction Co. v. WillcoxNew York Court of Appeals · 1909
- Village of Fort Edward v. Hudson Valley Railway Co.New York Court of Appeals · 1908
- People Ex Rel. N.Y., Etc., R.R. Co. v. . WillcoxNew York Court of Appeals · 1911
- People ex rel. Third Avenue Railway Co. v. Public Service CommissionNew York Court of Appeals · 1911
3Cited by1 opinion
- People Ex Rel. N.Y.C.R.R. Co. v. . P.S. Comm.New York Court of Appeals · 1921