New York Supreme Court October 15, 1902 (People ex rel. New York, New Haven & Hartford Railroad v. Board of Railroad Commissioners)

Chester, J.

The Railroad Law (L. 1890, ch. 565), section 59, provides that “no railroad corporation hereafter formed * * * shall exercise the powers conferred by law upon such corporations or begin the construction of its road * * * until the board of railroad commissioners shall certify * * * that public convenience and a necessity • require the construction of said railroad.