Majority
p. 890
In the Matter of the Application of the City of Niagara Falls, Appellant, for a Writ of Prohibition against The Public Service Commission of the State of New York for the Second District and International Railway Company, Respondents.
Order denying motion for writ of prohibition reversed, as matter of law and not as a matter of discretion, with ten dollars costs and disbursements, and writ granted, on the authority of Matter of Quinby v. Public Service Commission ( 223 N. Y. 244 ) and matter of the motion for a reargument of the same case, decided by the Court of Appeals October 21, 1919. [ 227 N. Y. 601 .1 All concur. Leave to appeal to the Court of Appeals granted.
Cases cited
- Quinby v. Public Service Commission 223 N. Y. 244 p. 890
- Quinby v. Public Service Commission 227 N. Y. 601 p. 890