Smith v. Metropolitan Gas-Light Co.
New York Supreme Court
On the 17th of April last, by special act of the legislature, the Metropolitan Gas-Light Company was incorporated, with authority to manufacture gas for lighting the streets of this city.
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On the 17th of April last, by special act of the legislature, the Metropolitan Gas-Light Company was incorporated, with authority to manufacture gas for lighting the streets of this city. The act inhibits the company from digging in the streets to lay down pipes, or for any other purpose, without first obtaining permission of “ the two boards of the common council,” which two boards are, by the act, Ci authorized to grant and vest ex-elusive permission and authority to and in such company, for said purposes, to such extent and under such regulations as to them shall seem expedient;” but not…
1Opinion of the Court
Cowles, Justice.
The plaintiffs charge that the act of incorporation is void; that they are tax-payers and corporators of the city; that the fee of the streets has vested in the corporation ; that the right to grant permission to lay down pipes is in the corporation; that such right and privilege is of great value, and if judiciously sold or disposed of would realize to the city a very large pecuniary benefit; and that, in various ways, the corporation of New-York would sustain injury from granting to this company the right to lay down their pipes.
Upon these grounds these plaintiffs, as…
2Cited by2 opinions
- Howe v. DeuelNew York Supreme Court · 1865
- Adams v. FoxNew York Supreme Court · 1863