Public Service Commission v. Booth
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Elmer Gr. Booth, from an order of the Supreme Court, made at the Ulster Special Term and entered in the office of the clerk of the county of Albany on the 28th day of September, 1915, enjoining him from operating a motor jitney bus carrying passengers for hire in the city of Rochester, unless and until he shall procure the assent of the local authorities of said city, and a certificate of public convenience and necessity from the Public Service…
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Appeal by the defendant, Elmer Gr. Booth, from an order of the Supreme Court, made at the Ulster Special Term and entered in the office of the clerk of the county of Albany on the 28th day of September, 1915, enjoining him from operating a motor jitney bus carrying passengers for hire in the city of Rochester, unless and until he shall procure the assent of the local authorities of said city, and a certificate of public convenience and necessity from the Public Service Commission of the State of New York, Second District, as required by sections 25 and 26 of the Transportation Corporations…
1Opinion of the Court
Kellogg, P. J.:
In consideration of one dollar, the city of Rochester, on the 3d day of March, 1915, granted to the defendant a license permitting him “to carry on the business of public vehicle” within the city until December 31, 1915. While he was operating his motor jitney bus under that license, chapter 667 of the Laws of 1915 became effective, May twenty-second. He continued to operate his bus, claiming that the statute did not apply to him as he had a license from the city, and this action results.
Licenses from the State or a municipality are ordinarily to be considered, not as…
2Cases cited1 opinion
- Metropolitan Board of Excise v. . BarrieNew York Court of Appeals · 1866
3Cited by17 opinions
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- State v. Seattle Taxicab & Transfer, Co.Washington Supreme Court · 1916
- Yates v. MulrooneyAppellate Division of the Supreme Court of the State of New York · 1935
- Schoenfeld v. City of SeattleDistrict Court, W.D. Washington · 1920
- Captain Andy's Sailing, Inc. v. Department of Land & Natural ResourcesHawaii Supreme Court · 2006
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