In re the Hilton Bridge Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, The Hilton Bridge Construction Company, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 21st day of August, 1896, denying its motion for a peremptory writ of mandamus.
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Appeal by the petitioner, The Hilton Bridge Construction Company, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 21st day of August, 1896, denying its motion for a peremptory writ of mandamus. By chapter 170 of the Laws of 1895 the Superintendent of Public Works was authorized to take out and remove the machinery for operating lift bridges over the Erie canal on Genesee street in the city of Utica, and substitute therefor other motive power and machinery, and alter the lift and permanent bridges…
1Opinion of the Court
Merwin, J.:
I am of the opinion that the order should be affirmed. The papers show that 'the contract has been awarded to the. Havana *29Bridge "Works. The question whether this was properly done should not be determined in a proceeding to which the Havana company is not a party and has no opportunity' of being heard. An award having been made, and still remaining, a writ of mandamus should not be issued to compel an award to another.
It is not clear that the bid of the Havana company, as originally made, was not sufficiently definite to call for the interpretation which was finally put upon it…
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- People ex rel. Public Service Commission v. New York Telephone Co.New York Supreme Court · 1940
- Daniunas v. SimutisDistrict Court, S.D. New York · 1978
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