New York Court of Appeals
The People of the State of New York Ex Rel. Mary Anna Steward, Respondents v. the Board of Railroad…
October 3, 1899160 N.Y. 202
Summary
The New York Court of Appeals affirmed the Appellate Division's order reversing the railroad commissioners' grant of a certificate of public convenience and necessity, holding that such determinations are judicial functions reviewable by certiorari, that the relators' rights were finally determined, and that the board of railroad commissioners is not entitled to be heard on appeal. Justice Haight dissented, arguing that certiorari was prohibited by §2122 and the order should be reversed.