Legal Opinion

Public Service Commission v. Westchester Street Railroad

New York Court of Appeals

Decided October 1, 1912PublishedCited by 20 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 11, 1912, which affirmed an order of Special Term granting an injunction and mandamus, respectively, restraining the defendant from charging a fare of ten cents over a portion of its road and compelling it to carry passengers thereover for a fare of five cents.

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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 11, 1912, which affirmed an order of Special Term granting an injunction and mandamus, respectively, restraining the defendant from charging a fare of ten cents over a portion of its road and compelling it to carry passengers thereover for a fare of five cents. On and after February 1, 1898, a corporation known as the Tarrytown, White Plains and Mamaroneck Railway Company owned and operated a line of street railroad extending from a point westerly thereof into the village of White…

1Opinion of the CourtHiscock, J.

The decision in this proceeding affirms the obligation of the appellant to carry passengers on a continuous passage between the village of White Plains and the steamboat landing, so called, in the village of Mamaroneck for a single fare of five cents.

As moje fully 'appears in the foregoing statement of facts, its predecessor, the Tarrytown, White Plains and Mamaroneck Bailway Company, owned and operated a railroad between said points under franchises, granted by said village of Mamaroneck and others under which it was entitled to charge a fare of ten cents. While thus situated it executed a…

2Cases cited1 opinion

  1. Caccia v. Brooklyn Union Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by20 opinions

  1. Matter of Quinby v. . Public Service Comm.New York Court of Appeals · 1918
  2. Salt Lake City v. Utah Light & Traction Co.Utah Supreme Court · 1918
  3. International Railway Co. v. Public Service CommissionNew York Court of Appeals · 1919
  4. Willis v. . City of RochesterNew York Court of Appeals · 1916
  5. City of Covington v. CincinnatiCourt of Appeals for the Sixth Circuit · 1934

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