People v. New York, Lake Erie & Western
New York Supreme Court
Return of an order to show cause why a peremptory writ of mandamus should not issue to compel the corporation to exercise its franchises, and to receive and transport freight upon such terms as are reasonable and usual, and to perform its duties as a common carrier, &c. The respondent moves to quash.
1Opinion of the CourtHaight, J.
The petition upon which the peremptory writ of mandamus is sought, in substance alleges that the respondent is a railroad corporation existing under the laws *292of the state, and is subject to all the duties and obligations imposed by law upon railroad corporations. That the corporation is a common carrier of freight and passengers. That since about the 16th of June, 1882, it has substantially refused to discharge its duties as a common carrier, and has, to a material degree, suspended the exercise of its franchises by refusing to take freight which has been offered at its station in the city of…
2Cases cited5 opinions
- State v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1861
- Mutual Benefit Life Insurance v. TisdaleSupreme Court of the United States · 1876
- People v. . Albany Susquehanna R.R. Co.New York Court of Appeals · 1874
- People Ex Rel. Kimball v. . B. and A.R.R. Co.New York Court of Appeals · 1877
- People v. MinerNew York Supreme Court · 1868
3Cited by4 opinions
- People ex rel. Metropolitan Street Railway Co. v. RoeschNew York Supreme Court · 1899
- People ex rel. Goldstein v. BolteNew York Supreme Court · 1900
- People ex rel. Keyser v. Board of EducationNew York Supreme Court · 1900
- People ex rel. Press Publishing Co. v. MartinNew York Supreme Court · 1893