Legal Opinion

People ex rel. Town of West Seneca v. Public Service Commission

Appellate Division of the Supreme Court of the State of New York

Decided January 22, 1909PublishedCited by 7 opinions

Appeal by the relator, the Town of West Seneca, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 24th day of September, 1908, denying the relator’s motion for an absolute writ of prohibition and dismissing an alternative writ of prohibition previously granted.

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Appeal by the relator, the Town of West Seneca, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 24th day of September, 1908, denying the relator’s motion for an absolute writ of prohibition and dismissing an alternative writ of prohibition previously granted. On Movember 30, 1906, the respondent the Terminal Railway of Buffalo, a steam surface railroad operating a double-track road through the town of West Seneca, the appellant herein, in Erie county, presented to the Board of Railroad Commissioners a…

1Opinion of the Court

Cochrane, J.:

The question is as to the jurisdiction of the Public Service Commission to rehear and redetermine a matter heard and determined by the Board of Railroad Commissioners, under the grade-crossing provisions of the Railroad Law (§§ 60 et seq.).

Section 80 of the Public Service Commissions Law. is as follows: “ On and after the talcing' effect of this act the board of railroad commissioners shall 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.” The…

2Cases cited1 opinion

  1. In re the Terminal Railway of BuffaloAppellate Division of the Supreme Court of the State of New York · 1907

3Cited by7 opinions

  1. People Ex Rel. N.Y.C.R.R. Co. v. . P.S. Comm.New York Court of Appeals · 1921
  2. People ex rel. New York Central Railroad v. Public Service CommissionNew York Court of Appeals · 1921
  3. Northern Pac. Ry. Co. v. Board of Railroad Com'rsDistrict Court, D. Montana · 1935
  4. People ex rel. New York Central Railroad v. Public Service CommisionAppellate Division of the Supreme Court of the State of New York · 1919
  5. People ex rel. New York Fire Insurance Exchange v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1922

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