Legal Opinion

Farnsworth v. . Boro Oil Gas Co.

New York Court of Appeals

Decided September 28, 1915PublishedCited by 24 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 29, 1913, affirming a judgment in favor of plaintiff entered upon a decision, of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The town board had no authority to grant the defendant any rights in the highway whatever. (L. 1889, ch. 422; Wilson v. Tennant, 61 App.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 29, 1913, affirming a judgment in favor of plaintiff entered upon a decision, of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The town board had no authority to grant the defendant any rights in the highway whatever. (L. 1889, ch. 422; Wilson v. Tennant, 61 App. Div. 100.) The clause in the resolutions of the town board restricting the price of gas to twenty-five cents per thousand cubic feet is…

1Opinion of the CourtCardozo, J.

The plaintiff is a resident of the town of Collins, Erie county. He has sued the defendant to restrain it from charging more than twenty-five cents per thousand cubic feet for the gas which it supplies. The defendant is a domestic corporation. It was organized under the Business Corporations Law in 1899. It drills wells for natural gas, and sells and distributes the gas to inhabitants of the ■ town of Collins. By a law passed in 1889 (L. 1889, ch. 422, section 2) such a corporation is authorized to lay its pipes in the highways of the state, “provided, however, that no pipe line for the…

2Cases cited25 opinions

  1. Marston v. . SwettNew York Court of Appeals · 1876
  2. Pond v. . New Rochelle Water Co.New York Court of Appeals · 1906
  3. Willis v. HarrellSupreme Court of Georgia · 1903
  4. Woolsey v. . FunkeNew York Court of Appeals · 1890
  5. People Ex Rel. Woodhaven Gas Light Co. v. DeehanNew York Court of Appeals · 1897

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3Cited by24 opinions

  1. Seaver v. . RansomNew York Court of Appeals · 1918
  2. Wilson v. Oliver Costich Co.Appellate Division of the Supreme Court of the State of New York · 1931
  3. Consolidated Edison Co. v. Jet Asphalt Corp.Appellate Division of the Supreme Court of the State of New York · 1987
  4. People v. FooteAppellate Division of the Supreme Court of the State of New York · 1934
  5. Lordi v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1964

19 more not listed; retrieve them via the Exa API.

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