New York Electric Lines Co. v. Empire City Subway Co.
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF NEW YORK. The facts, which involve rights and obligations of a corporation licensed by municipal ordinance to maintain electric wires, and the validity under the impairment of obligation clause of the Federal Constitution of a subsequent revocation of the license by the municipality owing to mis-user and non-user, are stated in the opinion. Relator’s permit of 1883 was an irrevocable contract.
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ERROR TO THE SUPREME COURT OF THE STATE OF NEW YORK. The facts, which involve rights and obligations of a corporation licensed by municipal ordinance to maintain electric wires, and the validity under the impairment of obligation clause of the Federal Constitution of a subsequent revocation of the license by the municipality owing to mis-user and non-user, are stated in the opinion. Relator’s permit of 1883 was an irrevocable contract. Performance was unnecessary for the creation of this' property right; there was, however, performance which would have been complete but for the acts of the…
1Opinion of the Court
Ms. Justice Hughes
delivered the opinion of the court.
This is a writ of error to review the denial by the state court of an application for a writ of peremptory mandamus directing the Empire City Subway. Company (Lim-' ited) to lease space in its conduits in the City of New York to the plaintiff in error.
In the year 1884, the legislature of the State of New York required that 'all telegraph, telephonic and electric light wires’ in certain cities — New York and Brooklyn— should be placed under the surface of the streets (Laws of 1884, chap. 534). Under the authority of a statute passed in the…
2Cases cited35 opinions
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- Atlantic Coast Line Railroad v. City of GoldsboroSupreme Court of the United States · 1914
- People v. . O'BrienNew York Court of Appeals · 1888
- TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815
- Detroit v. Detroit Citizens' Street Railway Co.Supreme Court of the United States · 1902
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3Cited by89 opinions
- County of Los Angeles v. Southern California Telephone Co.California Supreme Court · 1948
- Matter of Quinby v. . Public Service Comm.New York Court of Appeals · 1918
- The People v. City of ChicagoIllinois Supreme Court · 1932
- Public Serv. Comm'n of PR v. HavemeyerSupreme Court of the United States · 1936
- Boston Waterfront Development Corp. v. CommonwealthMassachusetts Supreme Judicial Court · 1979
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