197 A.D. 356 | N.Y. App. Div. | 1921
Considering the peculiar situation of the parties, the majority of the court are of the view that a peremptory writ should not at first be issued. A serious difficulty has arisen as to compensation. Therefore, before the respondent should be coerced into obedience of these “ executive orders ” of the
Blackmar, P. J., Putnam, Kelly and Jaycox, JJ., concur; Mills, J., votes to affirm upon the ground that the company has ample remedy under the statute, and a just public policy requires that the execution of the order shall not await the determination of the question of the fairness of the rate.
Order modified so as to direct an alternative writ of mandamus. Settle order on notice.