Legal Opinion

International Railway Co. v. Public Service Commission

New York Court of Appeals

Decided July 15, 1919PublishedCited by 29 opinions

Appeal by the city of Buffalo, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 23,1919, which annulled a determination of the public service commission, second district, and remitted the proceeding to the commission for hearing and decision. The facts, so far as material, and the question certified are stated in the opinion.

1Opinion of the CourtCardozo, J.

This appeal brings* here the question whether the fares established by the so-called Milburn Agreement in the city of Buffalo may be increased by the public service commission if found to be inadequate.

On January 1, 1892, the Buffalo Railway Company, the West Side Street Railway Company, and the Crosstown Street Railway Company covenanted with the city of Buffalo for a sufficient consideration to abolish transfer charges, and establish a uniform fare of five cents for a continuous trip upon any portion of their lines. That is the Milburn Agreement, which was thereafter ratified by the…

2Cases cited22 opinions

  1. Tauza v. . Susquehanna Coal Co.New York Court of Appeals · 1917
  2. Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
  3. United States v. Jin Fuey MoySupreme Court of the United States · 1916
  4. Union Dry Goods Co. v. Georgia Public Service Corp.Supreme Court of the United States · 1919
  5. Trustees of the Village of Saratoga Springs v. Saratoga Gas, Electric Light & Power Co.New York Court of Appeals · 1908

17 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Helme v. . BuckelewNew York Court of Appeals · 1920
  2. People Ex Rel. City of New York v. . NixonNew York Court of Appeals · 1920
  3. Campo Corp. v. FeinbergAppellate Division of the Supreme Court of the State of New York · 1952
  4. Gas & Electric Securities Co. v. Manhattan & Queens Traction Corp.Court of Appeals for the Second Circuit · 1920
  5. People Ex Rel. Iroquois Gas Corp. v. Public Service CommissionNew York Court of Appeals · 1934

24 more not listed; retrieve them via the Exa API.

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