Legal Opinion
City of Yonkers v. Maltbie
Appellate Division of the Supreme Court of the State of New York
Decided January 14, 1931PublishedCited by 1 opinion
1Opinion of the CourtWhitmyer, J.
The Yonkers Railroad Company applied, under section 49 of the Public Service Commission Law, for an order increasing its fares in the cities of Yonkers and Mt. Vernon. And in this proceeding the city of Yonkers is seeking an order of prohibition against the Public Service Commission, under the claim that it is without jurisdiction in the premises.
Whether or not the Commission has the necessary power is the question.
In Matter of Quinby v. Public Service Commission (223 N. Y. 244, 263) the Court of Appeals said that “ The Public Service Commissions Law (§ 26, § 49, subd. 1) and the Railroad Law…
2Cases cited5 opinions
- Matter of Quinby v. . Public Service Comm.New York Court of Appeals · 1918
- People Ex Rel. Village of South Glens Falls v. Public Service CommissionNew York Court of Appeals · 1919
- Public Service Commission v. Westchester Street RailroadNew York Court of Appeals · 1912
- Matter of Evens v. Public Service Comm.New York Court of Appeals · 1927
- United Traction Co. v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1927
3Cited by1 opinion
- Bankers Trust Co. v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1938