New York & N. Ry. Co. v. New York & N. E. R.
U.S. Circuit Court for the District of Southern New York
In Equity. Application by the New York & Northern. Railway Company to compel obedience on the part of the New York <⅛ New England Railroad Company to an order of the interstate commerce commission in respect of discrimination against petitioner in affording freight facilities. Heard on motion to dismiss the petition.
1Opinion of the Court
LacoaíBí-i, Circuit Judge.
This is an application on petition of the New York & Northern Railway Company, as a person interested, to enforce obedience to an order or requirement made May 6, 1891, by the interstate commerce commission, and is presented under section 16 of the interstate commerce act, as amended by chapter 682 of the Laws of 1889. Upon the return day of the order to show cause, heretofore granted, defendant filed its answer, and, before any proofs were taken, moved to dismiss the petition. Such a motion must be determined upon the assumption that the averments of the petition…
2Cited by2 opinions
- Western New York & P. R. Co. v. Penn Refining Co.Court of Appeals for the Third Circuit · 1905
- Prescott & A. C. R. v. Atchison, T. & S. F. R.U.S. Circuit Court for the District of Southern New York · 1896