People ex rel. Third Avenue Railway Co. v. Gilroy
New York Supreme Court
Appeal from special term. This is an appeal by the Third Avenue Bailway Company of New York city from an order denying its application for writ of mandamus to compel Thomas T. Gilroy, commissioner of public works, to issue a permit to relator to open the streets along the route of its railroad for the purpose of constructing trenches and vaults necessary to the operation of its road by cable traction.
1Opinion of the CourtVan Brunt, P. J.
The petitioner is engaged in operating a street surface railroad in the city of Hew York, using animal power for the purpose of drawing its cars. By resolution of the common council adopted in 1852, granting the privilege of operating a street railroad by any power other than steam power, confirmed by act of the legislature in 1854, the petitioner acquired the franchise which it has hitherto enjoyed. The conditions of that *834franchise conferred upon the petitioner the power to disturb the public streets as much as was necessary in order to lay its rails and tracks, leaving the surface of the…
2Cases cited1 opinion
- People ex rel. Third Avenue Railway Co. v. NewtonNew York Supreme Court · 1888