Western Union Telegraph Co. v. Electric Light & Power Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 19, 1903, 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.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 19, 1903, 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 discretion of a municipal corj>oration, within the sphere of its powers, is not subject to judicial, control, except in cases where fraud is shown, or where the power or discretion is being grossly abused. (Morgan v. City of Binghamton, 102 N. Y. 500 ; City of…
1Opinion of the CourtVann, J.
This is a controversy between two underground occupants of a public street in the city of Syracuse, each having a franchise granted by the common council. The plaintiff’s franchise, which is the earlier in date, permitted it to construct a subway or conduit under certain streets and to place wires therein “ necessary in the operation and conduct ” of its telegraph business, according to plans and specifications to be approved by the commissioner of public works or the common council. Among the many conditions and limitations of the grant was the provision that no “ exclusive franchise to use…
2Cases cited2 opinions
- Syracuse Water Co. v. . City of SyracuseNew York Court of Appeals · 1889
- Trustees of Freeholders & Commonalty v. JessupNew York Court of Appeals · 1900
3Cited by18 opinions
- United Electric Light Co. v. Deliso Construction Co.Massachusetts Supreme Judicial Court · 1943
- New York Steam Co. v. . Foundation Co.New York Court of Appeals · 1909
- Sadlier v. . City of New YorkNew York Court of Appeals · 1906
- New York Steam Co. v. Foundation Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Yamhill County Mutual Telephone Co. v. Yamhill Electric Co.Oregon Supreme Court · 1924
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