INTERBOROUGH RAPID TRANSIT COMPANY v. GILCHRIST

No. 74.

32 F.2d 1015 (1929)

INTERBOROUGH RAPID TRANSIT COMPANY, Plaintiff-Respondent, v. John F. GILCHRIST, Leon G. Godley, and Charles C. Lockwood, Constituting the Transit Commission, the Same Being the Metropolitan Division of the Department of Public Service of the State of New York, the Manhattan Railway Company, and the City of New York, Defendants; John F. Gilchrist, Leon G. Godley, and Charles C. Lockwood, Constituting the Transit Commission, the Same Being the Metropolitan Division of the Department of Public Service of the State of New York, and the City of New York, Defendants-Appellants.

Circuit Court of Appeals, Second Circuit.

June 3, 1929.


Attorney(s) appearing for the Case

James L. Quackenbush, of New York City (William L. Ransom, Jacob H. Goetz, Allen S. Hubbard, Robert E. Coulson, and Charles E. Hughes, Jr., all of New York City, of counsel), for Interborough Rapid Transit Co.

Arthur J. W. Hilly, Corp. Counsel, of New York City (Edgar J. Kohler, Joseph A. Devery, and Charles L. Craig, all of New York City, of counsel), for City of New York.

George H. Stover, Gen. Counsel, of New York City (Samuel Untermyer, Irwin Untermyer, and Charles Dickerman Williams, all of New York City, of counsel), for Transit Commission.

Murray, Aldrich & Roberts, of New York City, for Manhattan Ry. Co.

Before MANTON, SWAN, and CHASE, Circuit Judges.


PER CURIAM.

The original bill filed in the District Court set forth five separate causes of action for seeking relief, claiming a confiscation of property in violation of the Fourteenth Amendment of the Constitution. The first cause of action dealt with legislative limitations upon the rate of fare chargeable upon the appellee's elevated lines, particularly chapter 743 of the Laws of 1894, which prescribe a 5-cent fare for elevated railroads operated by the appellee...

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