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Huntington Traction Company, Inc. v. Walker

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1924
209 App. Div. 904 (N.Y. App. Div. 1924)

Summary

In Huntington Traction Co., Inc., v. Walker (supra) it was held that the attempted rescission by the town board of the town of Huntington of a previous resolution making the provisions of section 26 Transp.

Summary of this case from Colonial Motor Coach Corp. v. City of Oswego

Opinion

June, 1924.


Order reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. ( Brooklyn City Railroad Co. v. Whalen, 191 App. Div. 737; affd., 229 N.Y. 570.) The town board of the town of Huntington was without power to rescind the resolution of June 27, 1919, making the provisions of section 26 of the Transportation Corporations Law applicable to the town, and the resolution of April 11, 1924, attempting to rescind the previous resolution was a nullity. The operation by defendant of buses in competition with plaintiff's railroad without obtaining from the Public Service Commission a certificate of convenience and necessity was, therefore, illegal, and plaintiff is entitled to an injunction restraining such operation. Kelly, P.J., Jaycox, Kelby, Young and Kapper, JJ., concur. Settle order on notice.


Summaries of

Huntington Traction Company, Inc. v. Walker

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1924
209 App. Div. 904 (N.Y. App. Div. 1924)

In Huntington Traction Co., Inc., v. Walker (supra) it was held that the attempted rescission by the town board of the town of Huntington of a previous resolution making the provisions of section 26 Transp.

Summary of this case from Colonial Motor Coach Corp. v. City of Oswego
Case details for

Huntington Traction Company, Inc. v. Walker

Case Details

Full title:HUNTINGTON TRACTION COMPANY, INC., Appellant, v. BERT WALKER, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 1, 1924

Citations

209 App. Div. 904 (N.Y. App. Div. 1924)

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