People ex rel. Woodhaven Gas Light Co. v. Deehan
Appellate Division of the Supreme Court of the State of New York
Appeal by James F. Deehan, as street commissioner of the village of Richmond Hill, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 22d day of July, 1896, granting a peremptory writ of mandamus commanding James F. Deehan, as street commissioner of the village of Richmond Hill, to forthwith issue to the relator a permit to lay its pipes under and along Broadway in the village of…
Read the full summary
Appeal by James F. Deehan, as street commissioner of the village of Richmond Hill, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 22d day of July, 1896, granting a peremptory writ of mandamus commanding James F. Deehan, as street commissioner of the village of Richmond Hill, to forthwith issue to the relator a permit to lay its pipes under and along Broadway in the village of Richmond Hill, as prayed for in the petition. The petition in this proceeding alleges that the relator was duly incorporated…
1Opinion of the Court
Cullen, J.:
We agree with the counsel for the respondent, that the consent of the municipal authorities of the town of Jamaica that the relator might lay its mains through the streets and highways of the town, was more than a grant of a mere license or permit. By the act for the incorporation of gas light companies (Chap. 37, Laws of 1848) corporations organized under it were given the right to manufacture and sell gas, and with the consent of the municipal authorities the power to lay their mains in public streets and highways. Such corporations were given no power of eminent domain, and as…
2Cases cited2 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- City of Brooklyn v. JourdanNew York City Court · 1879