Farnsworth v. . Boro Oil Gas Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 29, 1913, affirming a judgment in favor of plaintiff entered upon a decision, of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The town board had no authority to grant the defendant any rights in the highway whatever. (L. 1889, ch. 422; Wilson v. Tennant, 61 App.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 29, 1913, affirming a judgment in favor of plaintiff entered upon a decision, of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The town board had no authority to grant the defendant any rights in the highway whatever. (L. 1889, ch. 422; Wilson v. Tennant, 61 App. Div. 100.) The clause in the resolutions of the town board restricting the price of gas to twenty-five cents per thousand cubic feet is…
1DissentChase, J.
I do not concur in the decision about to be made. The defendant is a domestic corporation created and organized under the Business Corporations Law of this state (See chapter 611, Laws of 1815, and chapter 422, Laws of 1889,- supplemental thereto) in the year 1899.
On the lltli day of July, 1901, it applied to the town board of the town of Collins for permission to lay and maintain pipes and conduits in specified streets and highways of said town for the purpose of conducting gas to prospective users thereof. The board adopted a resolution as follows:
V Resolved, that the consent of the town…
2Cases cited20 opinions
- Ackerman v. . TrueNew York Court of Appeals · 1903
- Wells v. . Town of SalinaNew York Court of Appeals · 1890
- Veeder v. . MudgettNew York Court of Appeals · 1884
- Brewster v. . StrikerNew York Court of Appeals · 1848
- People Ex Rel. Van Keuren v. Board of Town AuditorsNew York Court of Appeals · 1878
15 more not listed; retrieve them via the Exa API.