People Ex Rel. New York Electric Lines Co. v. Ellison
New York Court of Appeals
Appeal from an order of the Appellate Division of the ■Supreme Court in the first judicial department, entered Fiovember 10,1906, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus. The nature of the proceeding and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the ■Supreme Court in the first judicial department, entered Fiovember 10,1906, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The franchise granted to the relator by the state is a contract and was made complete by the ordinance of 1883 and its acceptance by the relator, and it is protected by the Federal Constitution against impairment, either by the legislature or the municipal authorities. (Davis v. Mayor,…
1Opinion of the CourtChase, J.
Although many of the facts appearing in the record and necessary to be considered in the determination of this appeal have been frequently stated in the published opinions of the courts in actions or proceedings in which the relator has been a party, it is necessary to restate some of them in expressing my views at this time.
The relator insists that it is entitled as a matter of right to a permit from the commissioner of water supply, gas and electricity of the city of Hew York, to construct subways or conduits beneath the surface of certain streets in said city and also to have the approval…
2Cases cited4 opinions
- People Ex Rel. New York Electric Lines Co. v. SquireNew York Court of Appeals · 1888
- People Ex Rel. New York Electric Lines Co. v. SquireSupreme Court of the United States · 1892
- American Rapid Telegraph Co. v. HessNew York Court of Appeals · 1891
- Empire City Subway Co. v. Broadway & S. A. RailroadNew York Supreme Court · 1895
3Cited by15 opinions
- New York Electric Lines Co. v. Empire City Subway Co.Supreme Court of the United States · 1914
- People Ex Rel. New York Edison Co. v. WillcoxNew York Court of Appeals · 1912
- New York Electric Lines Co. v. Empire City Subway Co.New York Court of Appeals · 1911
- Attorney-General v. Consolidated Gas Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Continental Securities Co. v. Interborough Rapid Transit Co.Court of Appeals for the Second Circuit · 1915
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