Legal Opinion

People ex rel. Brooklyn Heights Railroad v. Public Service Commission of the First District

New York Supreme Court

Decided August 15, 1917PublishedCited by 3 opinions

Motions to quash four writs of certiorari.

1Opinion of the CourtOrdway, J.

These are motions to quash four writs of certiorari granted by the court to review an order of the public service commission directing the relators to provide additional cars for the use of the public on the several railroads of the relators. The writs were granted ex parte, and the defendants now move to quash the same upon affidavits which are answered by affidavits of the relators.

It is well settled that the writ of certiorari is a discretionary writ, and that a motion may be made to quash the same, either upon the papers upon which it was granted or upon additional affidavits, and either…

2Cases cited4 opinions

  1. Wadley Southern Railway Co. v. GeorgiaSupreme Court of the United States · 1915
  2. People Ex Rel. New York & Queens Gas Co. v. McCallNew York Court of Appeals · 1916
  3. People ex rel. Joline v. WillcoxAppellate Division of the Supreme Court of the State of New York · 1908
  4. In re RosenthalAppellate Division of the Supreme Court of the State of New York · 1909

3Cited by3 opinions

  1. In re the City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1938
  2. Public Service Commission v. Brooklyn Heights RailroadNew York Supreme Court · 1918
  3. In re the City of New YorkNew York Supreme Court · 1920

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