Willis v. City of Rochester
Appellate Terms of the Supreme Court of New York
Motion by plaintiff for judgment on- the pleadings. This action was' brought by the plaintiff as a stockholder in the Rochester Electric Railway Company on behalf of himself and other stockholders against the city of Rochester impleaded with the Rochester Electric Railway Company and the New York State Railway's as lessee and stockholder of the Rochester Electric Railway Company to enjoin the enforcement of chapter 359 of the Laws of 1915 changing the rate of fare on the…
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Motion by plaintiff for judgment on- the pleadings. This action was' brought by the plaintiff as a stockholder in the Rochester Electric Railway Company on behalf of himself and other stockholders against the city of Rochester impleaded with the Rochester Electric Railway Company and the New York State Railway's as lessee and stockholder of the Rochester Electric Railway Company to enjoin the enforcement of chapter 359 of the Laws of 1915 changing the rate of fare on the Rochester Electric Railway. Chapter 359 of the Laws of 1915 is an act amending the charter of the city of -Rochester…
1Opinion of the CourtRodenbeck, J.
Chapter 359 of the Laws of 1915 is attacked in the complaint, and the court is asked to set it aside as unconstitutional, on the ground that the act is confiscatory in that it reduces the fare, which the defendant Rochester Electric Railway Company is permitted to charge, below a rate which would provide a reasonable profit and on the further ground that the statute being a local act contains more than one subject not expressed in its title contrary to article III of section 16 of the Constitution. The question as to whether or not the road can be run profitably upon a five-cent fare basis is…
2Cases cited19 opinions
- Sun Printing & Publishing Ass'n v. Mayor of New YorkNew York Court of Appeals · 1897
- Louisiana v. PilsburySupreme Court of the United States · 1882
- New York & Long Island Bridge Co. v. SmithNew York Court of Appeals · 1896
- City of Rochester v. . Rochester Railway Co.New York Court of Appeals · 1905
- Harris v. . People of the State of N.Y.New York Court of Appeals · 1875
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3Cited by1 opinion
- In re the City of RochesterNew York Supreme Court · 1917