New York Central Railroad v. Public Service Commissioners
New York Central Railroad v. Public Service Commissioners
Opinion of the Court
The Attorney General filed no brief and did not care to be heard.
Provision was made by St. 1905, c. 422, for, a new union passenger station in the city of Worcester, in connection with the abolition of certain grade crossings. The entire cost of the land and sixty-five per cent of the cost of the .station were paid by the Boston and Albany Railroad Company, the balance being contributed by the Commonwealth and the city of Worcester. Section 2 of the act reads: “Said station shall be used by all the railroads now entering the city of Worcester, the railroad corporations owning or operating such railroads severally yielding and paying to the Boston and Albany Railroad Company," its lessee, successors or assigns, a reasonable rent
Most of the items on which the rental was computed are undisputed. The petitioners urge, however, that the commission erred in determining that the thirty-five per cent contributed by the city and State toward the cost of the station should not be made the basis of a fixed charge to be paid by the other railroad companies, and insist that the reasonable rental should be based on the net cost of the present station to the Boston and Albany Railroad Company. Complaint is also made of the view which the commission took on the subject of depreciation. The short answer to all the contentions of the petitioners is that a writ of certiorari lies only to correct errors in law, and not to revise the decision of a question of fact. No question of law was raised at the hearing before the commission. The issue submitted to them, namely, what was a reasonable rental for the use of the station, was within their jurisdiction, their finding was within the scope of the petition, and was a finding of fact.' They prefaced their order by a preliminary statement containing a history of the proceedings, and the reasons which led them to a conclusion which they thought equitable between the parties. Without intimating that the statement fails to fully support the order, it seems plain that it contains only findings of fact. It
Our only doubt arises from the action of the commission in making the award retroactive to January 1, 1916. See Boston & Worcester Railroad v. Western Railroad, 14 Gray, 253, 265. But we think they did not exceed their authority, in view of their express finding that “The parties have agreed that the award so made by the commission shall be effective from January 1, 1916.” While the letter of counsel for the petitioners, dated September 19, 1918, indicates that this statement was not entirely in accordance with his understanding of the agreement, we must accept the finding of the commission as final, for the purposes of this petition. Farmington River Water Power Co. v. County Commissioners, 112 Mass. 206. Haven v. County Commissioners, 155 Mass. 467.
Exceptions overruled.
Reference
- Full Case Name
- New York Central Railroad Company & another v. Public Service Commissioners
- Status
- Published