Legal Opinion

People ex rel. New York City & Westchester Railway Co. v. Board of Railroad Commissioners

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

Decided March 15, 1903PublishedCited by 2 opinions

Certiorari issued out of the Supreme Court and attested on the 11th day of April, 1902, directed to Ashley W. Cole and others, being the members of the Board of Railroad Commissioners of the State of New York, requiring them to certify and return to the office of the clerk of the county of Albany all and singular their proceedings had in granting to the New York and Port Chester Railroad Company a certificate under section 59 of the Railroad Law.

1Opinion of the Court

Parker, P. J.:

This matter comes before this court upon the return to a certiorari, issued upon the petition of the above-named relator, to review the proceedings taken before the Board of Railroad Commissioners upon the application of the New York and Port Chester Railroad Company for a certificate under the provisions of section 59 of the Railroad Law (Laws of 1890, chap. 565, as amd. by Laws of 1895, chap. 545).

The relator was organized in the year 1887, under the General Railroad Act of 1850 (Chap. 140, as amd.), for the purpose of building a railroad through the same localities in which…

2Cases cited1 opinion

  1. People ex rel. Depew & Southwestern Railroad v. Board of Railroad CommissionersAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by2 opinions

  1. New York & Long Island Railroad v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1907
  2. New York & Long Island Railroad v. O'BrienNew York Supreme Court · 1906

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