Public Service Comm. of State of N.Y. v. New York Cent. R.R. Co.

• Decision Date: 19 September 1957
• Citation: 4 A.D.2d 839,168 N.Y.S.2d 939
• Parties: Application of the PUBLIC SERVICE COMMISSION OF STATE OF NEW YORK, Petitioner-Respondent, for an Order and Judgment Pursuant to Section 57 of the Public Service Law, v. NEW YORK CENTRAL RAILROAD COMPANY, Respondent-Appellant.
• Court: New York Supreme Court — Appellate Division

Page 939

168 N.Y.S.2d 939

4 A.D.2d 839

Application of the PUBLIC SERVICE COMMISSION OF STATE OF NEW YORK, Petitioner-Respondent, for an Order and Judgment Pursuant to Section 57 of the Public Service Law, v. NEW YORK CENTRAL RAILROAD COMPANY, Respondent-Appellant.

Supreme Court, Appellate Division, Third Department.

Sept. 19, 1957.

Gerald E. Dwyer, New York City, for respondent-appellant.

Kent H. Brown, Albany, for petitioner-respondent.

Reargument of this appeal is ordered. Counsel are requested to consider the following points:

1. Has the State of New York the power to determine the adequacy of the passenger service provided for local commuters by a New York State common carrier, over a transportation line established by it, running from one point in the state to another point in the state, through another state, with the consent of that state, on the ground that, while the transportation is in interstate commerce, it is a matter of local concern which the state may regulate in the absence of Federal regulation? Consideration should be given to the impact, if any, of the following authorities: Southern Pacific Co. v. Arizona, 325 U.S. 761, 65 S.Ct. 1515, 89 L.Ed. 1915; Kelly v. Washington, 302 U.S. 1, 58 S.Ct. 87, 82 L.Ed. 3; Parker v. Brown, 317 U.S. 341, 63 S.Ct. 307, 87 L.Ed. 315; Covington & Cincinnati Bridge Co. v. Kentucky, 154 U.S. 224, 14 S.Ct. 1094, 38 L.Ed. 970; Port Richmond & Bergen Point Ferry Co. v. Hudson County, 234 U.S. 317, 34 S.Ct. 821, 58 L.Ed. 1330; Railroad Comm. of Wisconsin v. Chicago & Northwestern R. Co., 87 I.C.C. 195; Wilmington Transportation Co. v. Railroad Comm. of California, 236 U.S. 151, 35 S.Ct. 276, 59 L.Ed. 508; Bob-lo Excursion Co. v. Michigan, 333 U.S. 28, 68 S.Ct. 358, 92 L.Ed. 455; Panhandle Eastern Pipeline Co. v. Michigan Public Service Comm., 341 U.S. 329, 71 S.Ct. 777, 95 L.Ed. 993; Buck v. California, 343 U.S. 99, 72 S.Ct. 502, 96 L.Ed. 775; cf. South Covington & Cincinnati St. Ry. v. Covington, 235 U.S. 537, 35 S.Ct. 158, 59 L.Ed. 350; Terminal Railroad Ass'n v. Brotherhood of Railroad Trainmen, 318 U.S. 1, 63 S.Ct. 420, 87 L.Ed. 571. Restatement of the Conflict of Laws, Sec. 94; Restatement of the Conflict of Laws Second (Tentative Draft) Sec. 43-f.

2. Is the New York Central Railroad Company under an obligation to the State of New York to furnish adequate passenger service between points in upstate New York and the City of New York, over its line running through New Jersey, by reason of the acceptance by the West Shore Railroad, its predecessor, of a charter providing for such service and by reason...