Legal Opinion

Erie Railroad v. Board of Public Utility Commissioners

Supreme Court of New Jersey

Decided June 23, 1916PublishedCited by 8 opinions

On certiorari, &c. There are two writs of certiorani in this case. The first was allowed on June 16th, 1915, for the purpose of reviewing an order of the hoard of public utility commissioners, dated April 20th, 1915. The second writ was allowed on July 22d, 1915, for the purpose of reviewing an order of the said board, dated July 9th, 1915, denying the petition for a rehearing of the previous order.

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On certiorari, &c. There are two writs of certiorani in this case. The first was allowed on June 16th, 1915, for the purpose of reviewing an order of the hoard of public utility commissioners, dated April 20th, 1915. The second writ was allowed on July 22d, 1915, for the purpose of reviewing an order of the said board, dated July 9th, 1915, denying the petition for a rehearing of the previous order. The order under review was made, by virtue of the alleged power and authority vested in the said board by the statute (Pamph. L. 1913, p. 91), known as the Eielder Grade Grossing act, which is a…

1Opinion of the Court

The opinion of the court was delivered as follows:

I. The first ground of attack made by the prosecutor, the Erie Eailroad Company, is on the construction of the statute. It is contended that the words, “such crossing,” “a crossing,” “the crossing,” in the statute, indicate that it ivas the intention of the legislature to have only one crossing considered in any one proceeding. The petition of the city of Paterson prays for, and the order of the board of *66public utility commissioners provides for, tlie separation or alteration of fifteen separate crossings. The board in its report determined…

2Cases cited31 opinions

  1. Chicago, Burlington & Quincy Railway Co. v. Illinois ex rel. Drainage CommissionersSupreme Court of the United States · 1906
  2. New Orleans Gas Light Co. v. Drainage Commission of New OrleansSupreme Court of the United States · 1905
  3. New York & New England Railroad v. BristolSupreme Court of the United States · 1894
  4. Chicago, Milwaukee & St. Paul Railway Co. v. SolanSupreme Court of the United States · 1898
  5. Chicago, Burlington & Quincy Railroad v. Nebraska Ex Rel. OmahaSupreme Court of the United States · 1898

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3Cited by8 opinions

  1. Chicago, R. I. & P. R. Co. v. TaylorSupreme Court of Oklahoma · 1920
  2. Commerce Commission ex rel. City of Bloomington v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Illinois Supreme Court · 1923
  3. Kessler v. TarratsNew Jersey Superior Court Appellate Division · 1983
  4. R. & A. Realty Corp. v. Pennsylvania RailroadSupreme Court of New Jersey · 1938
  5. New Jersey Suburban Water Co. v. Board of Public Utility CommissionersSupreme Court of New Jersey · 1939

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