Legal Opinion

West Side Electric Co. v. Consolidated Telegraph & Electrical Subway Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 22, 1905PublishedCited by 5 opinions

Appeal in the first above-entitled proceeding by the plaintiff, The West Side Electric Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 9th day of November, 1904, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the plaintiff’s complaint.

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Appeal in the first above-entitled proceeding by the plaintiff, The West Side Electric Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 9th day of November, 1904, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the plaintiff’s complaint. Appeal in the second above-entitled proceeding by the relator, The West Side Electric Company, from a final. order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the…

1Opinion of the Court

Patterson, J.:

The matter in contest between the ■ parties to this record is brought before the court by two appeals,, one from a judgment in ah action ih which the relief was sought oí a perpetual injunction against the defendant to restrain it from interfering with or. obstructing the plaintiff in the maintenance of certain cables and electrical conductors located in subways or ducts in the city of New York, and the other from a final order dismissing and quashing an alternative, writ of mandamus, which had- been directed to the defendant, to enforce a right claimed by the appellant to lay…

2Cases cited2 opinions

  1. Ghee v. . Northern Union Gas Co.New York Court of Appeals · 1899
  2. Ghee v. Northern Union Gas Co.Appellate Division of the Supreme Court of the State of New York · 1898

3Cited by5 opinions

  1. Downey v. . FinucaneNew York Court of Appeals · 1912
  2. Farnsworth v. . Boro Oil Gas Co.New York Court of Appeals · 1915
  3. In re the Long Acre Electric Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1907
  4. People ex rel. Peter Cooper's Glue Factory v. State BoardAppellate Division of the Supreme Court of the State of New York · 1911
  5. In re the New York Electric Lines Co.New York Supreme Court · 1910

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