City of New York v. Empire City Subway Co.

Page, J.:

This proceeding was instituted by reason of the commissioner of water supply, gas and electricity having fixed a schedule or scale of rents for the use of the electrical subways, owned by the Empire City Subway Company, and rented to various telegraph, telephone and electric light companies, to carry their low tension lines and conductors.

The history and legislation relating to these subways is stated in the opinion in Matter of City of New York v. Prendergast (202 App. Div. 308), decided herewith, to the time when the low tension system of subways was conveyed by the Consolidated…