Legal Opinion

People ex rel. Depew & Southwestern Railroad v. Board of Railroad Commissioners

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1896PublishedCited by 21 opinions

Certiorari issued out of the Supreme Court and attested on the 26th day of November, 1895, directed to the Board of Railroad Commissioners of the State of New York and to Samuel A. Beardsley, Michael Rickard and Alfred 0. Chapin, as Railroad Commissioners of the State of New York, commanding them to certify and return to the office of the clerk of the county of Albany all and singular their proceedings in the final determination of the granting of the application of The…

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Certiorari issued out of the Supreme Court and attested on the 26th day of November, 1895, directed to the Board of Railroad Commissioners of the State of New York and to Samuel A. Beardsley, Michael Rickard and Alfred 0. Chapin, as Railroad Commissioners of the State of New York, commanding them to certify and return to the office of the clerk of the county of Albany all and singular their proceedings in the final determination of the granting of the application of The Terminal Railway of Buffalo. and awarding a certificate thereon and refusing the application of The ■ Depew and Southwestern…

1Opinion of the Court

Herrick, J.:

This is a proceeding by certiorari to review the action of the Board of Railroad Commissioners in refusing to issue to the relator a certificate of public convenience and necessity, under section 59 of the .Railroad Law (Laws of 1890, chap. 565 as amended by Laws of 1892, chap. 676), and in issuing such a certificate to The Terminal Railway of Buffalo.

The relator, The Depew and Southwestern Railroad Company, filed its articles of association on the 15tli of June, 1895. The Terminal Railway of Buffalo filed its articles of association June 17, 1895. The articles of association of…

2Cases cited4 opinions

  1. The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
  2. In re Amsterdam, J. & G. RailroadNew York Supreme Court · 1895
  3. In re New Hamburg & Poughkeepsie Connecting RailroadNew York Supreme Court · 1894
  4. In re Depew & S. W. RailroadNew York Supreme Court · 1895

3Cited by21 opinions

  1. People Ex Rel. Uvalde Asphalt Paving Co. v. SeamanNew York Court of Appeals · 1916
  2. State ex rel. Northern Pacific Railway Co. v. Railroad Commission of WisconsinWisconsin Supreme Court · 1909
  3. Haddad v. StateArizona Supreme Court · 1921
  4. Trojan Railway Co. v. City of TroyAppellate Division of the Supreme Court of the State of New York · 1908
  5. Matter of P.S.I. Transp. Co. v. P.S. Comm.New York Court of Appeals · 1932

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