People Ex Rel. City of Olean v. Western New York & Pennsylvania Traction Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 16, 1914, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus. The facts, so far as material are stated in the opinion. The city of Clean was without power under its charter to compel the relocation of appellant’s tracks. (L. 1893, ch. 478, § 82; L. 1913, ch. 247, § 20, subd. 7; Vil. of Carthage v. C. N. Y. Tel.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 16, 1914, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus. The facts, so far as material are stated in the opinion. The city of Clean was without power under its charter to compel the relocation of appellant’s tracks. (L. 1893, ch. 478, § 82; L. 1913, ch. 247, § 20, subd. 7; Vil. of Carthage v. C. N. Y. Tel. Co., 185 N. Y. 448; People ex rel. N. Y. El. Lines Co. v. Squire, 107 N. Y. 593; A. R. T. Co. v. Hess, 125 N. Y. 641; People…
1Opinion of the CourtMiller, J.
This proceeding was instituted to compel the defendant, a street railroad corporation, to remove its tracks from the side to the center of East State street in the city of Clean in accordance with a resolution of the common council of said city. When the defendant’s road was constructed the part of the street in question was outside the limits of the city, and in the town of Olean. The consent of the town highway commissioner, granted pursuant to the statute (now section 171 of the Eailroad Law; Cons. Laws, ch. 49), required the construction of the railroad on the side of the highway 1 ‘…
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- Chicago, Burlington & Quincy Railway Co. v. Illinois ex rel. Drainage CommissionersSupreme Court of the United States · 1906
- People v. . O'BrienNew York Court of Appeals · 1888
- Village of Carthage v. . FrederickNew York Court of Appeals · 1890
- Ottawa v. CareySupreme Court of the United States · 1883
- City of Rochester v. . Rochester Railway Co.New York Court of Appeals · 1905
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- E. Fougera & Co. v. City of New YorkNew York Court of Appeals · 1918
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