People Ex Rel. Grand Trunk Railway Co. of Canada v. Gilchrist

A special franchise is defined as the franchise, right or permission to construct, maintain or operate a railroad above a public place. The Niagara river is such a public place. The relator maintains and operates a railroad above it.

Does it do so by reason of authority granted by the State where without such authority such action would be illegal? (People ex rel. N. Y. C. & H. R. R. R. Co. v. Priest, 206 N. Y. 274.) Does it do so by public favor? (People ex rel. N. Y. C. R. R. Co. v. Woodbury, 203 N. Y. 167.) If it does not, there is no special franchise. (People ex rel. Hudson & M. R. R. v.…