In re Seaboard Telegraph & Telephone Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by Henry S. Kearny, as commissioner of public buildings, lighting and supplies of the city of Hew York, from an order of the Supreme Court, made at the Queens County Special Term and entered in the office of the clerk of the county of Queens on the 22d day of July, 1901, granting a peremptory writ of mandamus, requiring him to issue to the Seaboard Telegraph and Telephone Company a permit to repair, replace and put in order its lines of poles and wires.
1Opinion of the Court
Hirschberg, J. :
The matters in respect to which the appellant claims, issues of fact were raised, requiring the issuance of an alternative instead of a peremptory writ, are either inconclusive on the question of the right to the relief, or involved conclusions by way of opinion rather than facts by way of defense. Conceding that the. relator’s system of lines and wires has been out of use for a short period owing to the financial difficulties of the. relator’s predecessor in interest, and for a longer period since by reason of the .appellant’s refusal,to authorize its repair,, the fact…
2Cases cited5 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- People Ex Rel. Woodhaven Gas Light Co. v. DeehanNew York Court of Appeals · 1897
- Ghee v. . Northern Union Gas Co.New York Court of Appeals · 1899
- City of Brooklyn v. JourdanNew York City Court · 1879
- People ex rel. O'Brien v. KeatingAppellate Division of the Supreme Court of the State of New York · 1900