Matter of Wood
New York Court of Appeals
Appeal, by permission, from an order of the Appellate' Division of the Supreme Court in the first judicial department, entered January 9, 1905, requiring the board of railroad commissioners to issue to the New York City Inter-borough Railway Company a certificate of public convenience and necessity for the construction of certain lines of street railways proposed by that company. The facts, so far as material, and the questions certified are stated in the opinion.
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Appeal, by permission, from an order of the Appellate' Division of the Supreme Court in the first judicial department, entered January 9, 1905, requiring the board of railroad commissioners to issue to the New York City Inter-borough Railway Company a certificate of public convenience and necessity for the construction of certain lines of street railways proposed by that company. The facts, so far as material, and the questions certified are stated in the opinion. The decision of the Appellate Division directing that a certificate of public convenience and a necessity issue to the Mew York…
1Opinion of the CourtHaight, J.
The Appellate D vision in allowing the appeal herein has certified two questions to be answered: 1st. “ Was there evidence to support the finding of the railroad commissioners of the state of Hew York, that the Hew York City Interborougli Railway Company ivas incorporated and had a franchise from the local authorities for the construction of its line ? ” 2nd. “ Did the Appellate Division of the Supreme Court in the first department have the power in its discretion to order said board of railroad commissioners, in this proceeding and upon the record herein, for the reasons stated, to issue a…
2Cases cited1 opinion
- In re New Hamburg & Poughkeepsie Connecting RailroadNew York Supreme Court · 1894
3Cited by3 opinions
- People Ex Rel. N.Y.C., Etc., Co. v. . P.S. Com.New York Court of Appeals · 1909
- People ex rel. New York Central & Hudson River Railroad v. Public Service Commission for Second DistrictNew York Court of Appeals · 1909
- In re Albany Transit Co.Appellate Division of the Supreme Court of the State of New York · 1930