Opinion · Nylaw New York

MATTER OF INTER. R.Y. CO. v. PUB. SERV. COMM., 188 App. Div. 944 (1919)

In the Matter of Application of Int’l Ry. COMPANY,Respondent, for a Writ of Mandamus against THE Pub. Serv. COMMISSION,SECOND Dist., & CITY OF BUFFALO, Appellants., 188 A.D. 944 (Appellate Division of the Supreme Court of New York, Third Department. 1919)

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1919-01-01
Topic: general

MATTER OF INTER. R.Y. CO. v. PUB. SERV.

Citator

UpLaw has not yet analyzed MATTER OF INTER. R.Y. CO. v. PUB. SERV. COMM., 188 App. Div. 944 (1919). The absence of a flag is not a finding that it is good law.

MATTER OF INTER. R.Y. CO. v. PUB. SERV. COMM.,188 App. Div. 944(1919)

In the Matter of the Application of INTERNATIONAL RAILWAY COMPANY,

Respondent, for a Writ of Mandamus against THE PUBLIC SERVICE COMMISSION,

SECOND DISTRICT, and CITY OF BUFFALO, Appellants.

Appellate Division of the Supreme Court of New York, Third Department.

May, 1919.

Inasmuch as the stipulation between the attorneys for the respective parties in this court provides that the proceedings be so amended as to treat the case as one of certiorari and not of mandamus, the decision of this court is as follows: Determination of the Public Service Commission annulled, and the proceedings remitted to said Public Service Commission for consideration. All concurred. Leave to appeal to the Court of Appeals granted, and the following question certified: "Has the Public Service CommissionPage 945jurisdiction and power, under the facts shown, to regulate the rate of fare to be charged by the respondent?"