People ex rel. Third Avenue Railway Co. v. Newton
New York Supreme Court
Appeal from special term, New York county. An order was entered, on motion of the relator, the Third Avenue Railway Company, for a peremptory mandamus to John Newton, as commissioner of the department of public works, directing him to give the relator a written permit to begin and continue excavations in the street along its route for the purpose of laying cables between the rails of each of its tracks, from which order the defendant appeals.
1Opinion of the CourtVan Brunt, P. J.
The question involved, in this appeal depends upon the rights which the Third Avenue Railroad Company has acquired by their organization under the general railroad act, and by the grant or agreement between the city and the company legalized by the action of the legislature. The Third Avenue Railroad Company claim the right, under their charter and agreement, to begin and continue excavations along their road for the purpose of laying cables in each track between the present rails, these cables to be moved by stationary engines situated out of the line of the street. Such excavations are to…
2Cited by3 opinions
- Indianapolis Cable Street Railroad v. Citizens Street RailroadIndiana Supreme Court · 1890
- Prospect Park & Coney Island Railroad v. Coney Island & Brooklyn RailroadNew York Supreme Court · 1892
- People ex rel. Third Avenue Railway Co. v. GilroyNew York Supreme Court · 1890