157 N.Y.S. 703 | N.Y. App. Div. | 1916
The American Real Estate Company owns, or did at one time own, most of the land on top of what is known as Park Hill in the city of Yonkers. The New York Central railroad runs along at the foot of this hill and Undercliff street runs parallel with the railroad. On top of the hill is Alta avenue, running also substantially parallel to the. railroad. From Alta avenue on top of the hill to Undercliff street at the bottom of the hill the slope is very steep, and in order to furnish easy communication between the settlement on top of the
The Public Service Commission only has such jurisdiction as is given to it by statute. It cannot assume jurisdiction over common carriers and other enterprises and appliances simply because they are quasi-public services. This elevator, or inclined railroad, however it may be styled, is private property devoted somewhat to a public use. But this is not enough to give the Public Service Commission jurisdiction, for many public services are concededly not within the jurisdiction of the Commission. Section 5 of the Public Service Commissions Law (as amd. by Laws of 1910, chap. 673, and Laws of 1913, chaps. 505, 506) enumerates the public services over which the Commission has jurisdiction. Railroads and common carriers are included in this section, and the relator contends
But even if it be an elevator the relator still contends that it is a common carrier at common law and that the Public Service Commission has jurisdiction over it. We cannot concur in this view. Paragraph d of subdivision 1 of section 5 of the act gives the Commission jurisdiction over “any common carrier.” But “ common carrier ” is limited and defined in subdivision 9 of section 2 (as amd. by Laws of 1913, chap. 344) as follows: “The term (common carrier/ when used in this chapter, includes all railroad corporations, street railroad cor
The definition of “ common carrier,” so far as quoted above, ends with this expression: “Owning, operating or managing any such agency for public use in the conveyance of persons, or property within this State.” It is argued that the words “any such agency” mean similar agencies and are, therefore, broad enough to include this elevator. But the words “any such agency” refer, we think, to the preceding agencies enumerated in the definition and to no other agencies.
The elevator in question not being one of the public services falling within the scope of the Public Service Commissions Law, it follows that sections 31 and 32 of the act have not been violated, and that the Public Service Commission has no authority to regulate the rates of fare charged by the American Eeal Estate Company, and has no jurisdiction over the elevator, or the American Eeal Estate Company.
The writ should be dismissed and the order affirmed.
Writ dismissed, and order unanimously affirmed, with ten dollars costs and disbursements.