Public Service Commission v. Long Island Railroad

Appellate Division of the Supreme Court of New York

Public Service Commission v. Long Island Railroad

249 A.D. 895, 293 N.Y.S. 90, 1937 N.Y. App. Div. LEXIS 10089

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 14, 1937

StatusPublished

This text of 249 A.D. 895 (Public Service Commission v. Long Island Railroad) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Public Service Commission v. Long Island Railroad, 249 A.D. 895, 293 N.Y.S. 90, 1937 N.Y. App. Div. LEXIS 10089 (N.Y. Ct. App. 1937).

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Opinion

These are appeals by The Long Island Railroad Company from two peremptory mandamus orders which require the railroad company to proceed with the elimination of certain grade crossings. Reading the whole of the answers of the railroad there are no denials of material matters, in fact such answers, with the affirmative defense in each answer, admit that the orders issued by the Commission have not been revoked or annulled and have not been complied with. Mandamus is a proper remedy to compel action in such cases. Orders affirmed, with fifty dollars costs and disbursements in each case. Hill, P. J., Crapser, Bliss and Heffernan, JJ., concur; Rhodes, J., dissents, on the grounds stated in his memorandum in Matter of Public Service Commission v. New York Central Railroad Co. [ante, p. 869], decided herewith.

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These are appeals by The Long Island Railroad Company from two peremptory mandamus orders which require the railroad company to proceed with the elimination of certain grade crossings. Reading the whole of the answers of the railroad there are no denials of material matters, in fact such answers, with the affirmative defense in each answer, admit that the orders issued by the Commission have not been revoked or annulled and have not been complied with. Mandamus is a proper remedy to compel action in such cases. Orders affirmed, with fifty dollars costs and disbursements in each case. Hill, P. J., Crapser, Bliss and Heffernan, JJ., concur; Rhodes, J., dissents, on the grounds stated in his memorandum in Matter of Public Service Commission v. New York Central Railroad Co. [ante, p. 869], decided herewith.

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Bluebook (online)

249 A.D. 895, 293 N.Y.S. 90, 1937 N.Y. App. Div. LEXIS 10089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/public-service-commission-v-long-island-railroad-nyappdiv-1937.