People ex rel. Erie Railroad v. Board of Railroad Commissioners
Appellate Division of the Supreme Court of the State of New York
Three separate writs of certiorari by the people on the relation, respectively, of the Erie Railroad Company, of George R. Conklin and others, and of Henry M'. Leonard and others, against the Board of Railroad Commissioners of the state of New York and others, to review a determination of that body. Determination reversed.
1Opinion of the CourtChase, J.
On an application to the Board of Railroad Commissioners by an alleged railroad corporation for a certificate of public convenience and necessity, under section 59 of the railroad law (chapter 565, p. 1082, Laws 1890, as amended by chapter 676, p„ 1395, Laws 1892, and chapter 545, p. 317, Laws 1895), it is the duty of the Railroad Commissioners to make inquiry into the prior proceedings of the alleged railroad company, to ascertain and determine whether such alleged railroad company is of a character which the law recognizes, and to which it contemplated that a certificate should be given.…
2Cases cited6 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Armstrong v. CombsAppellate Division of the Supreme Court of the State of New York · 1897
- In re Kings, Queens & Suffolk RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Van Cortlandt v. TozerNew York Supreme Court · 1837
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3Cited by3 opinions
- Phillips v. Brazosport Savings & Loan AssociationTexas Supreme Court · 1963
- Alfieri Ex Rel. Estate of Alfiere v. Guild Times Pension PlanDistrict Court, E.D. New York · 2006
- De Graff v. De GraffNew York Supreme Court · 1911