Public Service Commission v. New York Central Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Public Service Commission of the State of New York, Second District, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 5th day of August, 1920, denying its petition under section 57 of the Public Service Commissions Law and dismissing the proceeding upon the merits.
1Opinion of the Court
Woodward, J.:
The Public Service Commission, Second District (hereafter referred to as the Commission), instituted a proceeding under the provisions of section 57 of the Public Service Commissions Law, the object of which was to compel the New York Central Railroad Company, the respondent, to obey the provisions of an order issued by the Commission directing the respondent to restore the passenger rates prescribed by law on and after the 1st day of September, 1920. This order was issued on the 15th day of June, 1920, and, as a defense, the respondent asserted the provisions of section 208,…
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