People ex rel. New York Edison Co. v. Willcox
Appellate Division of the Supreme Court of the State of New York
Writ op oertiorari issued out of the Supreme Court and attested on the 21st day of November, 1911, directed to William R. Willcox and others, constituting the Public Service Oom- • mission of the State of New York in and for the. first district, and another, commanding said Willcox and others to certify and return to the office of the clerk of the county of New York all and singular their proceedings had in relation to the application of the Long Acre Electric Light and…
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Writ op oertiorari issued out of the Supreme Court and attested on the 21st day of November, 1911, directed to William R. Willcox and others, constituting the Public Service Oom- • mission of the State of New York in and for the. first district, and another, commanding said Willcox and others to certify and return to the office of the clerk of the county of New York all and singular their proceedings had in relation to the application of the Long Acre Electric Light and Power Company for permission to issue certain securities.
1Dissent
Miller, J. (dissenting):
On the former appeal, this court held that the Public Service Commission erred in construing section 68 of the Public Service Commissions Law (Laws of 1907, chap. 429) as requiring the applicant, hereinafter referred to as the respondent, to obtain the permission and approval of the commission before beginning construction, irrespective of whether the secondary franchise of the respondent had been exercised. (137 App. Div. 810.) The commission had assumed, without formally finding the fact to be, that said franchise had been exercised, but that assumption of fact was…
2Cases cited5 opinions
- People Ex Rel. Binghamton Light, Heat & Power Co. v. StevensNew York Court of Appeals · 1911
- G. W. Ry. Co. v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1900
- In Re the Opening of Ludlow StreetNew York Court of Appeals · 1902
- People ex rel. Ligth v. StevensAppellate Division of the Supreme Court of the State of New York · 1911
- People ex rel. Long Acre Electric Light & Power Co. v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1910