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People ex rel. Ulster & Delaware Railroad v. Public Service Commission for the Second District

218 N.Y. 643 Court N.Y. Decision date 1916-05-02 English

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Majority

p. 643
The People of the State of New York ex rel. The Ulster and Delaware Railroad Company. Respondent, v. The Public Service Commission for the Second District of the State of New York, Appellant.

Headnote

People ex rel. Ulster & Del. R. R. Co. v. Public Service Commission, 171 App. Div. 607 , affirmed.
(Argued April 17, 1916;
decided May 2, 1916.)
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third, judicial department, entered January 21, 1916, which annulled an order of the public service commission, second district, denying for want of power the petition of relator for authority to charge more than two cents a mile for its 500-mile and 1000-mile tickets notwithstanding section 60 of the Railroad Law. The following question was certified: “Has the public service commission, second district, jurisdiction to authorize the Ulster and Delaware Railroad Company to charge a sum exceeding two cents per mile for its 500-mile and 1000-mile tickets described in section 60 of the Railroad Law ? ”
Ledyard P. Hale for appellant.
Lewis E. Carr for respondent.

Order affirmed, with costs, on the opinion of Cochrane, J., below, and question certified answered in the affirmative.

Concur: Hiscock, Chase, Cuddeback and Hogan, JJ. Dissenting: Willard Bartlett, Ch. J., Oardozo and Pound, JJ.