Legal Opinion

Petition of Boston Maine Railroad

Supreme Court of New Hampshire

Decided June 25, 1925PublishedCited by 7 opinions

1Opinion of the CourtAllen, J.

The public service commission is an agency of limited powers and authority. While the legislature may delegate to such an agency certain of its own powers and authority, the exercise of such delegation does not extend beyond expressed enactment or its fairly implied inferences. The establishment of such an agency is of a special rather than general character, and power and authority not granted are withheld.

The act creating the commission (Laws 1911, c. 164) by section 3 gives it “all the powers and duties” of the railroad commission whose place it took, so far as consistent with the act, and…

2Cited by7 opinions

  1. Appeal of Public Service Co.Supreme Court of New Hampshire · 1982
  2. State v. New Hampshire Gas Electric Co.Supreme Court of New Hampshire · 1932
  3. O'Connor v. Board of Public Utility CommissionersSupreme Court of New Jersey · 1942
  4. Auclair Transportation, Inc. v. Ross Express, Inc.Supreme Court of New Hampshire · 1977
  5. Thompson v. Boston & Maine RailroadSupreme Court of New Hampshire · 1933

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