People ex rel. Sawyer v. Board of Railroad Commissioners
Appellate Division of the Supreme Court of the State of New York
Writs of certiorari issued out of the Supreme Court in four proceedings and attested on the 5th day of January, 1907, the 26th day of January, 1907, the 16th day óf March, 1907,'and the 15th day of April, 1907, respectively, directed to the Board of Railroad Commissioners of the State of New York and others, commanding them to certify and return to the office of the clerk of the county of Albany their proceedings and all things pertaining thereto in granting a certificate…
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Writs of certiorari issued out of the Supreme Court in four proceedings and attested on the 5th day of January, 1907, the 26th day of January, 1907, the 16th day óf March, 1907,'and the 15th day of April, 1907, respectively, directed to the Board of Railroad Commissioners of the State of New York and others, commanding them to certify and return to the office of the clerk of the county of Albany their proceedings and all things pertaining thereto in granting a certificate .óf necessity, and public convenience to the Buffalo, Lake Erie and Niagara Railroad Company. Also motion by the…
1Opinion of the Court
Chester, J.:
It seems to us plain that the determination of thé Board of Bail-road Commissioners in granting the certificate to the respondent, the Buffalo, Lake Erie and Niagara Bailroad Company, in the proceedings now under review cannot be sustained as, in an' important respect, it is contrary to the decision of this court and of the Court of Appeals in reversing the determination granting the former certificate to the Niagara' Transfer Bail way Company. (103 App. Div. 123 ; 184 N. Y. 575.) That decision refused'sanction to a like certificate for that portion of the proposed road fronting…
2Cases cited2 opinions
- People ex rel. Depew & Southwestern Railroad v. Board of Railroad CommissionersAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. Amm v. Board of Railroad CommissionersAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by2 opinions
- In re the Director of the Buffalo Frontier Terminal RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- In re the Director of the Buffalo Frontier Terminal RailroadAppellate Division of the Supreme Court of the State of New York · 1909