New York Court of Appeals

In the Matter of the Application of Henry D. Quinby

April 5, 1918223 N.Y. 244

Summary

The New York Court of Appeals reversed the Appellate Division and granted a writ of prohibition, holding that the Public Service Commission lacks jurisdiction to raise street‑railway fares in Rochester beyond the five‑cent rate fixed by the city charter and franchise contract. The Court reasoned that the legislature did not intend to delegate authority to alter rates that were expressly set by municipal consent, and that prohibition is the proper remedy when a tribunal exceeds its jurisdiction.