People ex rel. Oneida Telephone Co. v. Central New York Telephone & Telegraph Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, the Oneida Telephone Company, from an order of the Supreme Court, made at the Madison Special Term, and entered in the office of the clerk of the county of Madison on the 14th day of December, 1898, sustaining "the defendants’ demurrer to an alternative writ of mandamus, which required the defendants to install, in the office of the relator, a telejihone connected with the regular exchange of the defendant, the Central New York Telephone and Telegraph…
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Appeal by the relator, the Oneida Telephone Company, from an order of the Supreme Court, made at the Madison Special Term, and entered in the office of the clerk of the county of Madison on the 14th day of December, 1898, sustaining "the defendants’ demurrer to an alternative writ of mandamus, which required the defendants to install, in the office of the relator, a telejihone connected with the regular exchange of the defendant, the Central New York Telephone and Telegraph Company, and dismissing the writ.
1Opinion of the Court
Landon, J.:
The defendants, by their demurrer, concede that it was the duty of the defendant company to furnish the relator with a telephone upon its demand and tender of the proper payment; that it refused *18to perform that duty. Counsel for the defendants concedes that the defendant company, is liable to the relator either for actual damages, or for the penalty of $100, under section 103 of the Transportation Corporations Law (Gen. Laws, chap. 40, Laws 1890, chap. 566), and perhaps for both damages and penalty, but urges that mandamus will not lie, because the relator has an adequate remedy at…
2Cases cited7 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Chicago, Milwaukee & St. Paul Railway Co. v. MinnesotaSupreme Court of the United States · 1890
- St. Louis, Iron Mountain & Southern Railway Co. v. Southern Express Co.Supreme Court of the United States · 1886
- Lowry v. . InmanNew York Court of Appeals · 1871
- Barney v. Oyster Bay & Huntington Steamboat Co.New York Court of Appeals · 1876
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3Cited by2 opinions
- People ex rel. New York Edison Co. v. Public Service Commission for the First DistrictAppellate Division of the Supreme Court of the State of New York · 1920
- North Carolina Public Service Co. v. Southern Power Co.Court of Appeals for the Fourth Circuit · 1922