Public Service Commission v. New York Central Railroad

249 A.D. 869 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 1937

Full text

In the Matter of the Application of Public Service Commission (State Division, Department of Public Service), for a Mandamus Order against The New York Central Railroad Company, (Churchville Proceeding.) In the Matter of the Application of Public Service Commission (State Division, Department of Public Service), for a Mandamus Order against The New York Central Railroad Company, (Henrietta Proceeding.) In the Matter of the Application of Public Service Commission (State Division, Department of Public Service), for a Mandamus Order against The New York Central Railroad Company, (Rochester Proceeding.) In the Matter of the Application of Public Service Commission (State Division, Department of Public Service), for a Mandamus Order against The New York Central Railroad Company and the New York and Harlem Railroad Company, (Mt. Pleasant Proceeding.)

Opinions in this case

Majority
Dissent — Rhodes

The records fail to disclose any denial of material facts contained in the petitions that would require an alternative writ of mandamus to issue. The appellants, by their answers, are seeking to review the orders of the Public Service Commission, made some years ago, in a way other than that provided by the Public Service Commission Law. Orders of the Public Service Commission cannot be attacked, as is attempted here. Orders affirmed, with fifty dollars costs and disbursements in each case. Hill, P. J., Crapser, Bliss and Heffeman, JJ., concur; Rhodes, J., dissents, with a memorandum.