Hudson River Telephone Co. v. Watervliet Turnpike & Railway Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made September 8, 1891, which reversed a judgment in favor of defendant entered upon the report of a referee, and granted a new trial.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made September 8, 1891, which reversed a judgment in favor of defendant entered upon the report of a referee, and granted a new trial. This was an action by plaintiff, a telephone company, to restrain defendant from operating its street railroad by means of an electric motor, known as the single-trolley method, in certain streets of the city of Albany, on the ground that" it would cause great and irreparable injury to plaintiff’s telephone system and service. Plaintiff was incorporated in April, 1883,…
1Opinion of the CourtMaynabd, J.
All the injuries of which the plaintiff complains are due to the adoption by the defendant of the single-trolley system of electric propulsion. It becomes, therefore, of the first importance to determine whether this change of motive power was authorized by law. The plaintiff makes a vigorous attack upon the right of the railway company to the enjoyment of such a franchise and urges many_ grounds in support of its position. We cannot assent to the argument of the learned counsel for the defendant that the determination of this question is immaterial, because the state alone, by its…
2Cases cited7 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- People v. . O'BrienNew York Court of Appeals · 1888
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Wisconsin Telephone Co. v. City of OshkoshWisconsin Supreme Court · 1884
- N.Y. Cable Co. v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Di Cristofaro v. Laurel Grove Memorial ParkNew Jersey Superior Court Appellate Division · 1957
- Eels v. American Telephone & Telegraph Co.New York Court of Appeals · 1894
- Daniman v. Board of EducationNew York Court of Appeals · 1954
- Tremblay v. . Harmony MillsNew York Court of Appeals · 1902
- City of Madison v. Madison Gas & Electric Co.Wisconsin Supreme Court · 1906
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