People Ex Rel. Rapid Transit Subway Construction Co. v. Craven
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 16, 1914, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendant to make a determination upon certain claims for additional compensation presented to the relator. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 16, 1914, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendant to make a determination upon certain claims for additional compensation presented to the relator. The facts, so far as material, are stated in the opinion. There is no duty in the premises enjoined upon Mr. Craven by “charter, or statute, or law.” (People ex rel. Coppers v. Trustees, 21 Hun, 184; Spelling on Injunctions [2d ed.], § 1379; People ex rel.…
1Opinion of the CourtWerner, J.
The Supreme Court at Special Term granted to the relator a writ of peremptory mandamus commanding the appellant, as chief engineer of the public service commission, to make a written determination upon the claim of the relator for compensation for extra work performed under a contract for the construction of a part of the present subway system in Greater Yew York. Such an application as this is governed by the well-settled and familiar rule that the relator must show a clear legal right to. the writ and that it has no other legal remedy. This rule is too firmly established to justify the…
2Cases cited11 opinions
- President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
- MacKnight Flintic Stone Co. v. Mayor of New YorkNew York Court of Appeals · 1899
- Sweet v. . MorrisonNew York Court of Appeals · 1889
- People Ex Rel. Harris v. Commissioners of the Land OfficeNew York Court of Appeals · 1896
- Haggart v. . MorganNew York Court of Appeals · 1851
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3Cited by1 opinion
- State ex rel. Ingold v. Mayor of MadisonWisconsin Supreme Court · 1919