People ex rel. Steward v. Board of Railroad Commissioners
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested on the 5th day of October, 1898, directed to the Board of Railroad Commissioners of the State of New York and the individuals composing the said board, commanding them to certify and return to the office of the clerk of the county of '¡Mbany the proceedings had before such board upon an application made in the name of the Goshen Railroad Company for a certificate under section 59 of the-Railroad Law.
1Opinion of the Court
Herrick, J.:
If we treat the Goshen Railroad Company as an independent railroad corporation, in all respects separate and apart from the Erie Railroad Company, I can see no reason for its existence, and no public necessity or convenience to be met or subserved by it.
*560It is less than three miles in length; there is no local traffic, either passenger or freight to support or maintain it; and there is no pretense that it intends to do any local business, and as an independent road, of .course it is absurd to say that there is, apart from any other railroad, any through traffic to provide for.
Of…
2Cases cited1 opinion
- People Ex Rel. Loughran v. Board of Railroad CommissionersNew York Court of Appeals · 1899
3Cited by1 opinion
- People ex rel. Terminal Railway v. Board of Railroad CommissionersAppellate Division of the Supreme Court of the State of New York · 1900