Legal Opinion

Ghee v. . Northern Union Gas Co.

New York Court of Appeals

Decided April 18, 1899PublishedCited by 48 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, made November 25, 1898, affirming an order of Special Term denying a motion to continue a preliminary injunction and vacating the injunction.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, made November 25, 1898, affirming an order of Special Term denying a motion to continue a preliminary injunction and vacating the injunction. This is a taxpayer’s action brought under chapter 301 of the Laws of. 1892, to restrain the laying of gas mains in certain streets in New York city, upon the grounds that the defendant the Northern Union Gas Company which is laying the mains, has no franchise or right to do so, and that certain officials of the city, viz., the…

1Opinion of the Court

Parker, Ch. J.

The question that the Appellate Division on the appeal herein allowed by it certifies should be reviewed by this court reads as follows: “ Are the municipal authorities of. the city of New York, whose consent is required to lay conductors for conducting gas through the streets of such city, under the Transportation Corporations Law, the head of the department of public buildings, lighting and supplies, and the head of the department of highways, under the powers conferred by the charter of the city of New York, or are the ‘ municipal authorities ’ referred to in the said…

2Cases cited1 opinion

  1. People Ex Rel. Woodhaven Gas Light Co. v. DeehanNew York Court of Appeals · 1897

3Cited by48 opinions

  1. New York Electric Lines Co. v. Empire City Subway Co.Supreme Court of the United States · 1914
  2. Consolidated Gas Co. of New York v. NewtonDistrict Court, S.D. New York · 1920
  3. Blanshard v. City of New YorkNew York Court of Appeals · 1933
  4. Skaneateles Water Works Co. v. Village of SkaneatelesNew York Court of Appeals · 1899
  5. Gas & Electric Securities Co. v. Manhattan & Queens Traction Corp.Court of Appeals for the Second Circuit · 1920

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