Public Service Comm., Second District v. . Int'l Ry. Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 12, 1918, which affirmed an order of Special Term directing that a writ of mandamus issue under section 57 of the Public Service Commissions Law requiring the defendant within two days to operate its cars in and between the cities of Buffalo, Niagara Falls and Lockport, for the carriage of passengers in such measure as to meet the reasonable demands of the…
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 12, 1918, which affirmed an order of Special Term directing that a writ of mandamus issue under section 57 of the Public Service Commissions Law requiring the defendant within two days to operate its cars in and between the cities of Buffalo, Niagara Falls and Lockport, for the carriage of passengers in such measure as to meet the reasonable demands of the traveling public.
1Per curiam
We think that the answer of the railroad company raises issues to be tried, and that there was error in granting the motion for judgment on the pleadings. The answer alleges that the defendant could not take the strikers back, because they made demands for a retroactive scale of wages involving a present outlay of $275,000, and that this sum the company did not have and could not borrow. If that is true, mandamus will not issue, because obedience is impossible. (City of Benton Harbor v. St. Joseph & B. H. S. R. Co., 102 Mich. 386; Matter of Bristol & N. S. R. Co., L. R. 3 Q. B. D. 10, 13;…
2Cases cited4 opinions
- People Ex Rel. Green v. Dutchess & Columbia RailroadNew York Court of Appeals · 1874
- People ex rel. Bailey v. Supervisors of GreeneNew York Supreme Court · 1851
- State ex rel. Little v. Dodge City, Montezuma & Trinidad Railway Co.Supreme Court of Kansas · 1894
- City of Benton Harbor v. St. Joseph & Benton Harbor Street Railway Co.Michigan Supreme Court · 1894
3Cited by4 opinions
- Marshall v. SoaresAppellate Division of the Supreme Court of the State of New York · 2012
- People ex rel. Pennsylvania Gas Co. v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1921
- In re KimballAppellate Division of the Supreme Court of the State of New York · 1921
- Matter of Herrick v. Town of ColonieAppellate Division of the Supreme Court of the State of New York · 2022