Matter of City of Rochester

Our inquiry goes to the question whether upon the record before us, in a proceeding instituted under sections 91 and 94 (subd. 4) of the Railroad Law (Cons. Laws, ch. 49), the Public Service Commission has exceeded its grant of statutory power.

The appeals are by our permission from an order of the Appellate Division unanimously affirming an order of the Public Service Commission, in a proceeding instituted by the city of Rochester under section 91 of the Railroad Law, to bring about structural changes in two railroad bridges owned respectively by the appellants, Lehigh Valley and Erie…