Legal Opinion · Dissent

In re Wood

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1904Published

Application to the Appellate Division by Robert 0. Wood and others, as directors of the Few York City Interborough Railway Company, pursuant to section 59 of the Railroad Law, for an order directing the Board of Railroad Commissioners of the State of Rew York to grant a certificate that public convenience and a necessity require the construction of the railroad proposed by the applicants.

1Dissent

Hatch, J. (dissenting):

The first question we have to deal with upon this application involves a consideration of the legal existence of the corporation making the application for the certificate. The applicant, called for convenience the Interborough Company, claims to have been organized in March, 1902, for the purpose, as stated in its certificate of incorporation, of constructing and operating a new system of surface railroad lines, which, with the exception of short extensions over Harlem river bridges, are located entirely within the borough of The Bronx. After its incorporation it…

2Cases cited12 opinions

  1. Hardmann v. . BowenNew York Court of Appeals · 1868
  2. People Ex Rel. Steward v. Board of Railroad CommissionersNew York Court of Appeals · 1899
  3. Van Ingen v. . WhitmanNew York Court of Appeals · 1875
  4. Brook'n Steam Transit Co. v. . City of Brook'nNew York Court of Appeals · 1879
  5. In re Amsterdam, J. & G. RailroadNew York Supreme Court · 1895

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