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In re New York, Ontario & Western Railway Co.

242 A.D. 723 Court N.Y. App. Div. English

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p. 723
In the Matter of the Application of the New York, Ontario and Western Railway Company and Others, Petitioners, for a Certiorari Order Directed to the Public Service Commission of the State of New York, Respondent, in the Matter of the Proceedings on Motion of the Commission to Determine Whether the Operation of Certain Motor Vehicles Carrying Passengers for Hire between Fallsburg and Monticello Is Illegal.[1]

Order of Public Service Commission reversed and the proceedings against the railroad company dismissed, with fifty dollars costs and disbursements, upon the ground that the transaction either involves interstate commerce or the railroad company was but the agent for the taxicab proprietors. Hill, P. J., Bliss and Heffernan, JJ., concur; Crapser and McNamee, JJ., dissent and vote to affirm the order appealed from.