Attorney-General v. Consolidated Gas Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, the Attorney-General of the State of New York, from an order of the Supreme. Court, made at the New York Sjoeeial Term and entered In the office of the clerk of the county of New York on the 12th day of August, 1907, denying the petitioner’s application for leave to. bring an action against the, Consolidated Gas Company of New-York. The opinion delivered at Special Term is reported in Matter of Consolidated. Gas Co. (56 Mise. Hep. 49). .
1Dissent
Laughlin, J. (dissenting):
I agree with the majority of the court that the continuance of the use of the gas mains and lateral house connections in .the streets of ¡New York city, after the period specified in the grants made by or consents given by the local authorities, affords no ground for a forfeiture of the franchises which the Consolidated Gas Company received from the State, for, in my opinion, such consents or grants are not franchises within the fair intent and meaning of the provisions of the Code of Civil Procedure (§ 1798 et seq.) with respect to annulling the charter, of a…
2Cases cited3 opinions
- Hewlett v. . WoodNew York Court of Appeals · 1876
- Rafferty v. Buffalo City Gas Co.Appellate Division of the Supreme Court of the State of New York · 1899
- In re Attorney GeneralNew York Supreme Court · 1894