Legal Opinion

In re the Auburn & Western Railway Co.

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

Decided January 15, 1899PublishedCited by 4 opinions

Application by the Auburn and Western Railway Company to the Appellate Division of the Supreme Court for the certificate required by section 59 of the General Railroad Law (Laws of 1890, chap. 565), made upon a certified copy of all maps and papers filed in the ofíiée of the Board of Railroad Commissioners of the State of New York, on the application to that Board for such certificate, which application was denied by an order made at the Capitol in the city of' Albany on the…

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Application by the Auburn and Western Railway Company to the Appellate Division of the Supreme Court for the certificate required by section 59 of the General Railroad Law (Laws of 1890, chap. 565), made upon a certified copy of all maps and papers filed in the ofíiée of the Board of Railroad Commissioners of the State of New York, on the application to that Board for such certificate, which application was denied by an order made at the Capitol in the city of' Albany on the 8th day of June, 1897.

1Opinion of the Court

Per Curiam :

The denial by the Board of Railroad Commissioners of the petitioner’s application was the exercise of a power largely discretionary in its character which the Legislature of this State had vested in a body created for a special purpose and composed of men peculiarly qualified by experience to deal with the vexations problems arising out of the ever-increasing demand for better and more adequate means of transportation.

And while this court has been expressly empowered to review the action of the Commissioners in refusing to grant such a certificate as was asked for in this case,…

2Cases cited1 opinion

  1. In re New Hamburg & Poughkeepsie Connecting RailroadNew York Supreme Court · 1894

3Cited by4 opinions

  1. Morgan's Louisiana & T. R. & S. S. Co. v. Railroad CommissionSupreme Court of Louisiana · 1902
  2. In re the Boston & Albany RailroadAppellate Division of the Supreme Court of the State of New York · 1901
  3. People ex rel. Terminal Railway v. Board of Railroad CommissionersAppellate Division of the Supreme Court of the State of New York · 1900
  4. In re WoodAppellate Division of the Supreme Court of the State of New York · 1904

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