In Re the Third Avenue Railroad for a Writ of Mandamus
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, made May 9, 1890, which affirmed an order of Special Term denying an application for a mandamus. The facts, so far as material, are stated in the opinion. The Constitution of New York, article 3, section 18, does not forbid modifications, either in the structure or motive power of “ street railroads,” authorized by general law, after they have been completed and are in operation.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, made May 9, 1890, which affirmed an order of Special Term denying an application for a mandamus. The facts, so far as material, are stated in the opinion. The Constitution of New York, article 3, section 18, does not forbid modifications, either in the structure or motive power of “ street railroads,” authorized by general law, after they have been completed and are in operation. (In re G. E. R. Co., 70 N. Y. 361, 369; In re K. C. E. R. Co., 82 id. 95; In re N. Y. E. R. R. Co., 70 id. 327; In re U.…
1Opinion of the CourtEarl, J.
The Third Avenue Eailroad Company was duly organized under the laws of this state long before January 1, 1875, and had constructed its road, and for many years prior to that time had operated it by horse power. In February, 1887, it resolved to adopt the cable system for the movement of its cars instead of horses; and in May of the same year it applied to the Supreme Court for a writ of mandamus to compel the commissioner of public works then in office to issue a permit authorizing it to open the streets along the route of its road to introduce that system. The writ was denied in the Supreme…
2Cases cited2 opinions
- In re the New York Elevated RailroadNew York Court of Appeals · 1877
- People Ex Rel. Third Ave. R.R. Co. v. . NewtonNew York Court of Appeals · 1889
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- Potter v. CollisAppellate Division of the Supreme Court of the State of New York · 1897
- Matter of Long Island R.R. Co.New York Court of Appeals · 1907
- Louisville Trust Co. v. City of CincinnatiU.S. Circuit Court for the District of Southern Ohio · 1896
- People ex rel. Luckings v. Board of Railroad CommissionersAppellate Division of the Supreme Court of the State of New York · 1898
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