Legal Opinion

People ex rel. New York v. Public Service Commission

Appellate Division of the Supreme Court of the State of New York

Decided July 2, 1920PublishedCited by 1 opinion

Certiorari issued out of the Supreme Court and attested on the 5th day of February, 1920, directed to the Public Service Commission of the State of New York in and for the First District and others, commanding them to certify and return to the office of the clerk of the county of New York all and singular their proceedings had in annulling a tariff schedule of-rates of fare for the transportation of passengers in so far as it showed an increase from five to seven cents for…

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Certiorari issued out of the Supreme Court and attested on the 5th day of February, 1920, directed to the Public Service Commission of the State of New York in and for the First District and others, commanding them to certify and return to the office of the clerk of the county of New York all and singular their proceedings had in annulling a tariff schedule of-rates of fare for the transportation of passengers in so far as it showed an increase from five to seven cents for such transportation between stations in the city of New York. The changed passenger tariff schedule was filed with the…

1Opinion of the Court

Laughlin, J.:

I am of opinion that the Commission had jurisdiction by virtue of the provisions of sections 29 and 49 of the Public Service Commissions Law (as amd. by Laws of 1911, chap. 546; Laws of 1914, chap. 240, and Laws of 1917, chap. 805) to authorize the relator to charge a higher rate of fare than that prescribed by the ordinance provided the rate so prescribed was found by the Commission to be insufficient to give to the relator reasonable compensation for the service rendered and that the Commission was authorized to fix a just and reasonable rate of fare to be charged by the…

2Cases cited20 opinions

  1. Matter of Quinby v. . Public Service Comm.New York Court of Appeals · 1918
  2. Milwaukee Electric Railway & Light Co. v. Railroad CommissionSupreme Court of the United States · 1915
  3. Ghee v. . Northern Union Gas Co.New York Court of Appeals · 1899
  4. D., L. W.R.R. Co. v. . City of BuffaloNew York Court of Appeals · 1899
  5. City of Buffalo v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1897

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3Cited by1 opinion

  1. Village of Mamaroneck v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1924

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