People ex rel. Erie Railroad v. Board of Railroad Commissioners
Appellate Division of the Supreme Court of the State of New York
Three writs of certiorari issued out of the Supreme Court and attested in the first proceeding on the 7th day of April, 1904, and in the other two proceedings on the 13th day of April, 1904, directed to the Board of Railroad Commissioners of the State of New York and others, being the members thereof, commanding 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 Intervale Traction Company a…
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Three writs of certiorari issued out of the Supreme Court and attested in the first proceeding on the 7th day of April, 1904, and in the other two proceedings on the 13th day of April, 1904, directed to the Board of Railroad Commissioners of the State of New York and others, being the members thereof, commanding 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 Intervale Traction Company a certificate of public convenience and a necessity under section 59 of the Railroad Law. On the 4th day of June, 1904,…
1Opinion of the Court
Chase, J.:
On an application to the Board of Railroad Commissioners by an alleged railroad corporation for a certificate of public convenience and a necessity under section 59 of the Railroad Law (Laws of 1890, chap. 565, added by Laws of 1892, chap. 676, and amd. by Laws of 1895, chap. 545) it is the duty of the Board of Railroad Commissioners to make inquiry into the prior proceedings of the alleged railroad company to ascertain and determine whether such alleged railroad company is of a character which the law recognizes, and to which it contemplated that a certificate should be given.…
2Cases cited5 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Armstrong v. CombsAppellate Division of the Supreme Court of the State of New York · 1897
- Van Cortlandt v. TozerNew York Supreme Court · 1837
- People ex rel. Long Island Railroad v. Board of Railroad CommissionersAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by10 opinions
- Phillips v. Brazosport Savings & Loan AssociationTexas Supreme Court · 1963
- In re the Daughters of Israel Orphan Aid Society, Inc.New York Supreme Court · 1925
- Sumkin v. HammondsNassau County District Court · 1998
- In re the Objections of BulgerNew York Supreme Court · 1905
- People ex rel. Bath & Hammondsport Railroad v. Public Service Commission of the Second DistrictAppellate Division of the Supreme Court of the State of New York · 1908
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