Hyperlawhypertext legal databasebeta People ex rel. Village of Mamaroneck v. Public Service Commission 238 N.Y. 588

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People ex rel. Village of Mamaroneck v. Public Service Commission

238 N.Y. 588 Court N.Y. Decision date 1924-06-03 English

Contents

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p. 588
The People of the State of New York ex rel. Village of Mamaroneck, Respondent, v. Public Service Commission of the State of New York, Defendant, and New York and Stamford Railway Company, Appellant.

Headnote

Railroads — Public Service Commission — when without authority to grant permission to street railway to increase rates of fare.
Matter of Vil. of Mamaroneck v. Public Service Comm., 208 App. Div. 330 , affirmed.
(Argued May 13, 1924;
decided June 3, 1924.)
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 26, 1924, which reversed an order of Special Term denying a motion for an order of prohibition and granted said motion. The order of the Appellate Division held that the Public Service Commission had no authority to grant permission to the defendant, appellant, to increase its rates of fare for carrying passengers.
Ralph P. Buell for appellant.
Edward E. Franchot for International Railway Company, amicus curia.
J. Henry Esser for respondent.
George P. Nicholson, Corporation Counsel (Joseph Á. Devery of counsel), for City of New York, amicus curia.

Order affirmed, with costs; no opinion.

p. 589
Concur: Cardozo, Pound, Andrews and Lehman, JJ. Dissenting: His cock, Ch. J., McLaughlin and Crane, JJ.