Matter of Quinby v. . Public Service Comm.
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 March 15, 1918, which affirmed, as matter of law, an order of Special Term denying, as matter of law, an application for a writ of prohibition. The facts, so far as material, 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 third judicial department, entered March 15, 1918, which affirmed, as matter of law, an order of Special Term denying, as matter of law, an application for a writ of prohibition. The facts, so far as material, are stated in the opinion. The legislature, by a special act passed after the Public Service Commissions Law, has definitely and conclusively fixed the rate of fare in the city of Rochester at five cents. (Willis v. City of Rochester, 219 N. Y. 427; People ex rel. Woodward v. Draper, 142 App. Div.…
1Opinion of the CourtPound, J.
The facts upon which the application for a writ of prohibition is based are as follows: The New York State Railways presented a petition to the public service commission of the second district praying that it be permitted to raise to six cents its rate of fare on street surface railways in the city of Rochester and a number of other cities. The city of Rochester filed objections to the jurisdiction of the public service commission to entertain such' application. Its objections were based, first, on chapter 359, Laws of 1915, amending the charter of the city of Rochester and fixing a five-cent…
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