In re the Hilton Bridge Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, The Hilton Bridge Construction Company, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 21st day of August, 1896, denying its motion for a peremptory writ of mandamus.
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Appeal by the petitioner, The Hilton Bridge Construction Company, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 21st day of August, 1896, denying its motion for a peremptory writ of mandamus. By chapter 170 of the Laws of 1895 the Superintendent of Public Works was authorized to take out and remove the machinery for operating lift bridges over the Erie canal on Genesee street in the city of Utica, and substitute therefor other motive power and machinery, and alter the lift and permanent bridges…
1DissentHerrick, J.
I am unable to agree with the conclusion of the majority in this case.
The granting of the writ of mandamus is largely in the discretion of the court to which the application is made; in this case it appears, however, that the Special Term did not exercise its discretion, but held that, as matter of law, the writ could not issue.
It appears.from the opinion of the justice holding the Special Term that the application was denied upon the ground that the Superintendent of Public Works had discretion in the letting of the" *30■contract in question, and discretion to exercise in determining who ' was…
2Cases cited15 opinions
- People Ex Rel. Ryan v. . GreenNew York Court of Appeals · 1874
- People Ex Rel. Harris v. Commissioners of the Land OfficeNew York Court of Appeals · 1896
- McCullough v. Mayor of BrooklynNew York Supreme Court · 1840
- Lewis v. . the StateNew York Court of Appeals · 1884
- People Ex Rel. Belden v. Contracting BoardNew York Court of Appeals · 1863
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