Norwalk & South Norwalk Electric Light Co. v. Common Council
Supreme Court of Connecticut
Application for a writ of mandamus requiring the defend-a*SS to take action upon the plaintiff’s petition for an order authorizing the repair and improvement of its electric plant in certain streets, brought to the Superior Court in Fairfield County and tried to the court upon the defendant’s motion to quash the alternative writ; the court, Thayer, J., overruled the motion to quash, sustained (Robinson, J.) the plaintiff’s demurrer to the defendant’s return, and rendered…
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Application for a writ of mandamus requiring the defend-a*SS to take action upon the plaintiff’s petition for an order authorizing the repair and improvement of its electric plant in certain streets, brought to the Superior Court in Fairfield County and tried to the court upon the defendant’s motion to quash the alternative writ; the court, Thayer, J., overruled the motion to quash, sustained (Robinson, J.) the plaintiff’s demurrer to the defendant’s return, and rendered judgment for the plaintiff, and the defendant appealed for alleged errors in the rulings of the court. The alternative writ…
1Opinion of the CourtHamersley, J.
The power and the duty of the common council is confined to making orders necessary to the exercise of its direction and control over the placing, erection and maintenance of electric wires and fixtures in the city streets. Such orders may be general or specific, applicable to existing or to future conditions, relating to one corporation or to all persons. The council is not concerned with the rights of adjoining proprietors; if the law requires it to exercise its power of direction upon request of the electric light company, that duty is imperative, without reference to the terms the company…
2Cases cited10 opinions
- People ex rel. Case v. CollinsNew York Supreme Court · 1837
- Commissioners v. SellewSupreme Court of the United States · 1879
- Council of Glencoe v. People ex rel. OwenIllinois Supreme Court · 1875
- State ex rel. Soutter v. Common Council of the MadisonWisconsin Supreme Court · 1861
- Fuller v. Trustees of the Academic School in PlainfieldSupreme Court of Connecticut · 1827
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3Cited by8 opinions
- State Ex Rel. City of Stamford v. Board of Purchase & SuppliesSupreme Court of Connecticut · 1930
- Middle States Utilities Co. v. City of OsceolaSupreme Court of Iowa · 1940
- Comley, State's Attorney, Ex Rel. Donovan v. LawlorSupreme Court of Connecticut · 1935
- Doolittle v. EckertIdaho Supreme Court · 1933
- State Ex Rel. Gulf Life Insurance v. City of Live OakSupreme Court of Florida · 1936
3 more not listed; retrieve them via the Exa API.