New York Electric Lines Co. v. Empire City Subway Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 25, 1910, which affirmed an order of Special Term denying as matter of law and not in discretion a motion for a peremptory writ of mandamus to compel t’ defendant to admit and assign space in its conduits for vires of the petitioner. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 25, 1910, which affirmed an order of Special Term denying as matter of law and not in discretion a motion for a peremptory writ of mandamus to compel t’ defendant to admit and assign space in its conduits for vires of the petitioner. The facts, so far as material, are stated in the opinion. The Lines Company is an existing corporation having lawful power to operate electric conductors in the city of New York. (Day v. O. & L. C. R. R. Co., 107 N. Y. 129; People v. U. & D. R.…
1Opinion of the CourtHaight, J.
The New York Electric Lines Company, which we will hereafter call the relator, was incorporated on the 14th day of October, 1882, under the provisions of chapter 265 of the Laws of 1848 and acts amendatory thereof and supplementary thereto, for the purpose of “ owning, constructing, using, maintaining and leasing lines of telegraph wires or other electric conductors for telegraphic and telephonic communication and for electric illumination, to be placed under the pavements of the streets, avenues and public highways of the cities of New York and Brooklyn in the state of New York.”
On the 10th…
2Cases cited14 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- St. Louis v. Western Union Telegraph Co.Supreme Court of the United States · 1893
- Louisville & Nashville Railroad v. KentuckySupreme Court of the United States · 1896
- City Railway Co. v. Citizens' Street RailroadSupreme Court of the United States · 1897
- People Ex Rel. New York Electric Lines Co. v. SquireNew York Court of Appeals · 1888
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3Cited by24 opinions
- Matter of Quinby v. . Public Service Comm.New York Court of Appeals · 1918
- New York Electric Lines Co. v. Empire City Subway Co.Supreme Court of the United States · 1914
- Trans-Oceanic Oil Corp. v. City of Santa BarbaraCalifornia Court of Appeal · 1948
- Consolidated Edison Co. v. Public Service Commission of New YorkNew York Court of Appeals · 1979
- People Ex Rel. New York Edison Co. v. WillcoxNew York Court of Appeals · 1912
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