City of Niagara Falls v. Public Service Commission
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 5, 1919, which reversed an order of Special Term denying a motion for a writ of prohibition and granted said motion. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 5, 1919, which reversed an order of Special Term denying a motion for a writ of prohibition and granted said motion. The facts, so far as material, are stated in the opinion. The power of the public service commission to authorize an increase above the statutory rate of five cents for local fare upon the local lines of the applicant within the city of Niagara Falls is not limited or prohibited by anything contained in the consents of the local authorities.…
1DissentMcLaughlin, J.
In May, 1919, the appellant, the International Railway Company, a corporation organized under the Railroad Law, while operating a line of street surface railways in the city of Niagara Falls, filed with the public service commission, second district, a petition showing: That since January, 1915, the cost of labor and materials had increased, the former upwards of seventy per cent and the latter upwards of one hundred and twenty per cent; that by reason thereof it was, with the existing rate of fare, unable to pay operating expenses and receive any substantial return on an investment of…
2Cases cited26 opinions
- Manigault v. SpringsSupreme Court of the United States · 1905
- Atlantic Coast Line Railroad v. City of GoldsboroSupreme Court of the United States · 1914
- Union Dry Goods Co. v. Georgia Public Service Corp.Supreme Court of the United States · 1919
- Home Telephone & Telegraph Co. v. City of Los AngelesSupreme Court of the United States · 1908
- Chicago & Alton Railroad v. TranbargerSupreme Court of the United States · 1915
21 more not listed; retrieve them via the Exa API.