People Ex Rel. Third Ave. R.R. Co. v. . Newton
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made Hay 18, 1888, which reversed an order of Special Term granting relator’s application for a peremptory writ of mandamus directing the defendant, as commissioner of public works-in and for the city and county of New York, to grant to the relator “a written permit and authority to begin and continue excavations along its route for the purpose of laying cables in each track between…
Read the full summary
Appeal from order of the General Term of the Supreme Court in the first judicial department, made Hay 18, 1888, which reversed an order of Special Term granting relator’s application for a peremptory writ of mandamus directing the defendant, as commissioner of public works-in and for the city and county of New York, to grant to the relator “a written permit and authority to begin and continue excavations along its route for the purpose of laying cables in each track between the present rails as motive power for its cars,” and which denied the application. (Reported below, 48 Hun, 477.) The…
1Opinion of the CourtDanforth, J.
It is not essential to a proper treatment of this appeal, to determine whether the relator is tied down to a particular method of operating its road — whether its cars may be drawn or propelled — nor whether, if motion is to be given by traction, the pulling shall be done by horses, as at present, or by some other power, animal, mechanical or vaporous. These questions admit of much argument, and, possibly, some doubt. But, if it should be conceded that its cars may be towed by cable, we should be as far from the solution of the controversy between the parties as if we had not been appealed…
2Cases cited5 opinions
- Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Auburn and Cato Plank Road Co. v. . DouglassNew York Court of Appeals · 1854
- Brook'n Steam Transit Co. v. . City of Brook'nNew York Court of Appeals · 1879
- People Ex Rel. Freer v. . Canal AppraisersNew York Court of Appeals · 1878
- People Ex Rel. Stranahan v. ThompsonNew York Court of Appeals · 1885
3Cited by33 opinions
- Hudson River Telephone Co. v. Watervliet Turnpike & Railway Co.New York Court of Appeals · 1892
- E. B. & A. C. Whiting Co. v. City of BurlingtonSupreme Court of Vermont · 1934
- Indianapolis Cable Street Railroad v. Citizens Street RailroadIndiana Supreme Court · 1890
- Fordham v. . Gouverneur VillageNew York Court of Appeals · 1899
- State ex rel. City of Jacksonville v. Jacksonville Street RailroadSupreme Court of Florida · 1892
28 more not listed; retrieve them via the Exa API.