Legal Opinion
International Ry. Co. v. Prender-Gast
District Court, W.D. New York
Decided November 20, 1928PublishedCited by 3 opinions
1Opinion of the Court
HAZEL, District Judge.
The motion to dismiss the pending bill relating (1) to the 8-cent fare for a single adult passenger and two tokens for 15 cents, in force in 1926, is primarily based upon the ground that the order of the Public Service Commission, dat-. ed June 8, 1927, increasing the local fare. in the city of Buffalo to 10 cents for a single trip by an adult and three tokens for 25 cents, on condition of acceptance and agreement that certain city roadbeds be reconstructed or repaved, was in fact accepted by plaintiff, thereby constituting a waiver and abandonment of the pending action;…
2Cases cited13 opinions
- Prendergast v. New York Telephone Co.Supreme Court of the United States · 1923
- Banton v. Belt Line Railway Corp.Supreme Court of the United States · 1925
- Bacon v. Rutland RailroadSupreme Court of the United States · 1914
- Pacific Telephone & Telegraph Co. v. KuykendallSupreme Court of the United States · 1924
- Keown v. HughesCourt of Appeals for the First Circuit · 1920
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3Cited by3 opinions
- American Brake Shoe & Foundry Co. v. Interborough Rapid Transit Co.District Court, S.D. New York · 1935
- Georgia Continental Telephone Co. v. Georgia Public Service CommissionDistrict Court, N.D. Georgia · 1934
- Potamitis v. Pittsburgh Plate Glass Co.Court of Appeals for the Eighth Circuit · 1936