Moore v. Champlain Electric Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Champlain Electric Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Clinton on the 25th day of April, 1903, upon the decision of the court rendered after a trial at the Clinton Trial Term, a jury having been waived.
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Appeal by the defendant, The Champlain Electric Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Clinton on the 25th day of April, 1903, upon the decision of the court rendered after a trial at the Clinton Trial Term, a jury having been waived. The defendant is a domestic corporation engaged in the business of furnishing light by electricity for streets and buildings in the village of Champlain, in this State. It had extended upon its poles through Locust street (a public highway in such village) a wire connected with…
1Opinion of the Court
Parker, P. J.:
It is evident that the defendant, in order to comply with the plaintiff’s request, must have erected a new wire from its power house to the plaintiff’s premises. It must have constructed a new “main,” so to speak, a distance of not less than 1,700 feet, because the wire that passed through Locust street, within 100 feet of the plaintiff’s premises, could not be at all utilized for furnishing the light that the plaintiff desired. These penalties, therefore, have been imposed upon the defendant for not properly extending its mains-through the village of Champlain; and the judgment…
2Cases cited4 opinions
- McEntee v. . Kingston Water Co.New York Court of Appeals · 1900
- President of the Manhattan Co. v. KaldenbergNew York Court of Appeals · 1900
- People v. Manhattan Gas Light Co.New York Supreme Court · 1865
- Gould v. Edison Electric Illuminating Co.New York Supreme Court · 1899
3Cited by2 opinions
- City of Rochester v. Rochester Gas & Electric Corp.New York Court of Appeals · 1922
- New York State Electric & Gas Corp. v. Steuben Rural Electric Cooperative, Inc.Appellate Division of the Supreme Court of the State of New York · 1985