People ex rel. New York, New Haven & Hartford Railroad v. Willcox
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 31, 1910, which dismissed a writ of certiorari and confirmed a determination of the defendants requiring the relator to abate' a nuisance theretofore maintained by it. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 31, 1910, which dismissed a writ of certiorari and confirmed a determination of the defendants requiring the relator to abate' a nuisance theretofore maintained by it. The facts, so far as material, are stated in the opinion. The Public Service Commissions Law did not authorize the exercise of any functions over railroads which were already vested in the local board of health. (McCulloch v. State, 4 Wheat. 316; People v. Acton, 48 Barb. 524; People ex rel. Wood v. Draper, 15 N. Y.…
1Opinion of the CourtGray, J.
This appeal demands our consideration of the jurisdiction of the respondents, who constitute the public service commission, for the first district of this state, to entertain, and to determine upon, a complaint by a citizen of the maintenance by a railroad corporation of a nuisance, in violation of the Sanitary Code of the charter of the city of New York. In August, 1909, there was presented to the commission, in behalf of the South Bronx Property Owners’ Association, a complaint, which called the attention of the members “ to the unsanitary and offensive manner, in which the New York, New…
2Cases cited1 opinion
- Village of Fort Edward v. Hudson Valley Railway Co.New York Court of Appeals · 1908
3Cited by6 opinions
- Public Service Commission v. Consolidated Gas, Electric Light & Power Co.Court of Appeals of Maryland · 1925
- In re Niagara, Lockport & Ontario Power Co.Appellate Division of the Supreme Court of the State of New York · 1930
- Fuller v. MetcalfSupreme Judicial Court of Maine · 1925
- Northern Central Rwy. Co. v. LairdCourt of Appeals of Maryland · 1914
- In re the Public Service Commission for the First District for an Order Directing MendelAppellate Division of the Supreme Court of the State of New York · 1914
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