Transit Commission v. Long Island R.R. Co.
Cases that cite this one
8 later published cases cite this decision.
- People v. Newhauser (New York City Magistrates' Court 1949)
- People v. Sell (Mich. 1945)
- People v. Mailman (New York Court of Special Session 1944)
- Huff v. C.K. Sanitary Systems, Inc. (Appellate Division of the Supreme Court of New York 1998)
- Mosner v. Haddock (New York Supreme Court 1944)
- Butter & Egg Merchants Ass'n v. La Guardia (New York Supreme Court 1944)
- People v. Brongofsky (New York City Magistrates' Court 1943)
- Transit Commission v. Long Island Railroad (New York Supreme Court 1942)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
We are of opinion that the classification made by section 57-a of the Railroad Law (Cons. Laws, ch. 49) may not on this record be said to be based solely on the ownership of the capital stock of domestic railroad corporations affected thereby. Without passing upon the validity of any of the suggested bases for that classification, we conclude that grounds reasonably to have been conceived so far bear out the presumption of the constitutionality of the statute as to have warranted the award of the discretionary relief granted.
We are also of opinion that the statute has not been shown to violate the provisions of the Constitution of the State invoked by the appellant.
It is our opinion also that the Supreme Court had jurisdiction to grant the relief awarded.
The order should be affirmed, with costs, and the question certified answered in the affirmative.
Crane, Ch. J., Lehman, O’Brien, Hobbs, Crouch, Loughran and Finch, JJ., concur.
Order affirmed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.