People ex rel. Babylon Railroad v. Board of Railroad Commissioners
Appellate Division of the Supreme Court of the State of New York
. Certiorari issued out of the Appellate Division of the Supreme Court in the third judicial department, and attested on the 13th day of January, 1898, directed to Ashley W. Cole and others, composing the Board of Railroad Commissioners of the State of New York, commanding them to certify and return to the office of the clerk of the county of Albany all and singular their proceedings in denying the application of the relator for permission to change its motive power from…
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. Certiorari issued out of the Appellate Division of the Supreme Court in the third judicial department, and attested on the 13th day of January, 1898, directed to Ashley W. Cole and others, composing the Board of Railroad Commissioners of the State of New York, commanding them to certify and return to the office of the clerk of the county of Albany all and singular their proceedings in denying the application of the relator for permission to change its motive power from horses to kinetic stored steam power.
1Opinion of the Court
Landon, J.:
The relator is a street surface railroad company, incorporated by special act (Chap. 517, Laws of 1871) to construct, maintain and operate a railroad through the streets of the village of Babylon *180Long Island, and to operate the' same “ by horses, mules or dummy engines.” It' constructed its railroad, and operated it by horse power. In September, 1897, having obtained the consent of the owners of one-half of the property'bounded upon its line of railroad, it applied to the State Board of Railroad Commissioners for the approval by the board of a change of. its motivé power from horse…
2Cases cited2 opinions
- People Ex Rel. Stapleton v. . BellNew York Court of Appeals · 1889
- People Ex Rel. Burnham v. . JonesNew York Court of Appeals · 1889
3Cited by1 opinion
- People Ex Rel. Steward v. Board of Railroad CommissionersNew York Court of Appeals · 1899