West Side Electric Co. v. Consolidated Telegraph & Electrical Subway Co.
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, The West Side Electric Company, and by the defendant, the Consolidated Telegraph and Electrical Subway Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county, of New York on the 17th day of July, 1903, as amended by an order entered in said clerk’s office on the 22d day of August, 1903. The defendant’s appeal is from the whole of said order, which, among other things,…
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Cross-appeals by the plaintiff, The West Side Electric Company, and by the defendant, the Consolidated Telegraph and Electrical Subway Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county, of New York on the 17th day of July, 1903, as amended by an order entered in said clerk’s office on the 22d day of August, 1903. The defendant’s appeal is from the whole of said order, which, among other things, granted the plaintiff’s motion to enjoin the defendant from preventing access to certain ducts rented or assigned to…
1Opinion of the Court
The following is the opinion of Scott, J., delivered at Special Term: .
Scott, J.:
This motion presents two interesting questions, neither of which can be said to be entirely free from doubt. At least they have been the occasion of very 1 earned and voluminous briefs. The first is whether the plaintiff is entitled to admission to the electrical subway, and the other is whether, if it has such right, its remedy is by mandamus or by action in equity. The plaintiff really seeks double relief. First, it asks that its present occupancy of the subways shall not be interfered with, and, secondly, it…
2Cited by5 opinions
- Maloney v. KatzensteinAppellate Division of the Supreme Court of the State of New York · 1909
- Williamson v. McMonagleCourt of Chancery of Delaware · 1912
- Tebo v. HazelCourt of Chancery of Delaware · 1909
- Byrnes v. Kaufwein Realty Co.Appellate Division of the Supreme Court of the State of New York · 1923
- Jacobs v. Lakeside Lumber Co.Wisconsin Supreme Court · 1908