People Ex Rel. South Shore Traction Co. 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 July 22, 1909, which annulled a determination of the defendants denying the relator’s application for permission to construct and operate an extension of its railroad and directed said defendants to grant such permission. 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 July 22, 1909, which annulled a determination of the defendants denying the relator’s application for permission to construct and operate an extension of its railroad and directed said defendants to grant such permission. The facts, so far as material, are stated in the opinion. The public service commission has a right to appear in this court to defend its determination. (People ex rel. Breslin v. Lawrence, 107 N. Y. 607; People ex rel. Burnham v. Jones, 110 N. Y. 509; Bryant v.…
1Opinion of the CourtWillard Bartlett, J.
We think that the public service commission is entitled to prosecute this appeal. (People ex rel. Burnham v. Jones, 110 N. Y. 509; Public Service Commissions Law, Laws of 1907, chap. 429, § 12.)
The Public Service Commissions Law took effect on July 1, 1907. It provided that on and after that date the board of railroad commissioners should be abolished. “ All the powers and duties of such board conferred and imposed by any statute of this state shall thereupon be exercised and performed by the public service commissions.” (Laws of 1907, chap. 429, § 80.)
By section 59 of the Railroad Law as it…
2Cases cited1 opinion
- People Ex Rel. Burnham v. . JonesNew York Court of Appeals · 1888
3Cited by26 opinions
- Matter of Quinby v. . Public Service Comm.New York Court of Appeals · 1918
- State Upon the Information of Shartel v. Missouri Utilities Co.Supreme Court of Missouri · 1932
- People Ex Rel. City of New York v. . NixonNew York Court of Appeals · 1920
- Blanshard v. City of New YorkNew York Court of Appeals · 1933
- People ex rel. New York & North Shore Traction Co. v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1916
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