People v. New York, Lake Erie & Western Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fifth judicial department, made the first Tuesday of June, 1886, which affirmed an order of Special Term, granting a peremptory writ of mandamus, the substance of which as well as the material facts are stated in the opinion. A mmidamus will not lie to compel the performance by a corporation of any specific act, where its performance is vested in the discretion of the directors of the corporation.
Read the full summary
Appeal from order of the General Term of the Supreme Court, in the fifth judicial department, made the first Tuesday of June, 1886, which affirmed an order of Special Term, granting a peremptory writ of mandamus, the substance of which as well as the material facts are stated in the opinion. A mmidamus will not lie to compel the performance by a corporation of any specific act, where its performance is vested in the discretion of the directors of the corporation. (Catterham R. v. London, etc. Co., 1 C. B., N. S., 87 E. C. L. R 410, 417; So. E. R. v. R. Com., 5 L. R., Q. B. D. 217, 234, 238; 6…
1Opinion of the CourtDanforth, J.
Upon motion on notice by the attorney-general for a mandamus requiring the defendant to construct and maintain on the line of its road, at the village of Ham-burgh, a building of sufficient capacity to accommodate its passengers arriving at that place, or departing therefrom, or in waiting to depart, and such freight as is usually received at or shipped from that point, it appeared that the village of Hew Hamburgh contains twelve hundred inhabitants and furnishes to the defendant at a station established by it, a large freight and passenger business; that its depot building is entirely…
2Cases cited4 opinions
- People Ex Rel. Green v. Dutchess & Columbia RailroadNew York Court of Appeals · 1874
- People Ex Rel. Kimball v. . B. and A.R.R. Co.New York Court of Appeals · 1877
- State v. New Haven & Northampton Co.Supreme Court of Connecticut · 1870
- Peo. Ex Rel. Garbutt v. . R. and S.L.R.R. Co.New York Court of Appeals · 1879
3Cited by11 opinions
- Interstate Commerce Commission v. Cincinnati, New Orleans & Texas Pacific Railway Co.Supreme Court of the United States · 1897
- Wisconsin, Minnesota & Pacific Railroad v. JacobsonSupreme Court of the United States · 1900
- Northern Pacific Railroad v. Washington Territory Ex Rel. DustinSupreme Court of the United States · 1892
- Brownell v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1895
- People ex rel. McGrath v. Green Island Water Co.New York Supreme Court · 1890
6 more not listed; retrieve them via the Exa API.