Opinion
September Term, 1900.
Determination of the Board of Railroad Commissioners affirmed, with fifty dollars costs and disbursements.
To the Board of Railroad Commissioners and not to the court is given primarily the determination of the question of the public necessity and convenience required by law for the construction of a proposed road. With a view to this duty in part presumptively the commissioners have been specially selected. It is significant that by section 59 of the Railroad Law (Laws of 1890, chap. 565, as amd. by Laws of 1895, chap. 545, while provision is made for an appeal by the petitioner in case a certificate is refused, no appeal is given where as in the case at bar the certificate is granted. Recognizing, however, the right of review under this writ this court has always been slow to interfere with the conclusions of the board except for manifest error. To sustain this writ the relators must show that the conclusions of the commissioners are wholly without support of evidence or that the evidence so far preponderates against the facts found, that if found by a jury this court would set aside the verdict as against the weight of evidence. (Code Civ. Proc. § 2140.) The guiding rules upon the review of such verdicts are well settled and need not here be enunciated. In the memorandum submitted by the commissioners with their report the reasons for their holdings are clearly and concisely stated. Upon a careful examination of the record our conclusion is that the evidence does not so far preponderate against the facts found by the board as to authorize a reversal of its determination. All concurred.