Fulton Light, Heat & Power Co. v. Oswego River Power Transmission Co.
New York Supreme Court
Action for injunction by the Fulton Light, Heat & Power Company against the Oswego River Power Transmission Company. Judgment for defendant, dismissing the complaint.
1Opinion of the CourtClark, J.
The motion made by defendant at the opening of the trial, and renewed when the evidence was closed, to dismiss the complaint on the ground that it does not state facts sufficient to constitute a cause of action, decision upon which motion was reserved, is denied, with an exception to defendant.
The plaintiff and defendant are domestic corporations; the plaintiff being engaged in the manufacture, distribution, and selling of *291electricity for light, heat, and power purposes in the' city of Fulton. It will be assumed that plaintiff is operating under a sufficient franchise granted by the…
2Cases cited5 opinions
- Fort Plain Bridge Co. v. . SmithNew York Court of Appeals · 1864
- Adler v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1893
- City of Yonkers v. Federal Sugar Refining Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Louisville Home Tel. Co. v. Cumberland Telephone & Telegraph Co.Court of Appeals for the Sixth Circuit · 1901
- Old Forge Co. v. WebbNew York Supreme Court · 1900
3Cited by3 opinions
- National Ass'n for the Advancement of Colored People v. Acusport, Inc.District Court, E.D. New York · 2003
- NAACP v. AcuSport, Inc.District Court, E.D. New York · 2003
- Taylor v. CookeSupreme Court of Connecticut · 1931