Legal Opinion

People ex rel. Long Island Railroad v. Public Service Commission

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

Decided December 10, 1915PublishedCited by 1 opinion

Certiorari issued out of the Supreme Court and attested on the 12th day of March, 1915, directed to the Public Service Commission of the State of Néw York for the First District and Edward E. McCall and others, as Commissioners, commanding them .to certify and return to the office of the clerk of the county of New York all and singular their proceedings had in ordering the relator to make a switch connection with a lateral line of railroad or private side track at Jamaica,…

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Certiorari issued out of the Supreme Court and attested on the 12th day of March, 1915, directed to the Public Service Commission of the State of Néw York for the First District and Edward E. McCall and others, as Commissioners, commanding them .to certify and return to the office of the clerk of the county of New York all and singular their proceedings had in ordering the relator to make a switch connection with a lateral line of railroad or private side track at Jamaica, Long Island. Prior to the year 1897 the petitioners conducted a wholesale and retail grocery, grain and produce business…

1Opinion of the Court

Laughlin, J.:

Section 27 of the Public Service Commissions Law (Consol. Laws, chap. 48; Laws of 1910, chap. 480), under which the application which resulted in the order under review was made, provides as follows:

“ § 27. Switch and sidetrack connections; powers of commissions. 1. A railroad corporation, upon the application of any shipper tendering traffic for transportation, shall construct, maintain and operate upon reasonable terms a switch connection or connections with a lateral line of railroad or private side-track owned, operated or controlled by such shipper, and shall, upon the…

2Cases cited10 opinions

  1. Union Lime Co. v. Chicago & Northwestern Railway Co.Supreme Court of the United States · 1914
  2. Chicago & Alton Railroad v. SuffernIllinois Supreme Court · 1889
  3. Corporation Commission v. Railroad—"Industrial Siding Case"Supreme Court of North Carolina · 1905
  4. Matter of Stillwater M. St. Ry. Co.New York Court of Appeals · 1902
  5. Brooklyn Heights R.R. Co. v. . SteersNew York Court of Appeals · 1914

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3Cited by1 opinion

  1. People ex rel. Erie Railroad v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1916

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