People ex rel. O'Brien v. Keating
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James P. Keating, as commissioner of the department of highways of the city of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of May, 1900, granting the relators’ motion for a peremptory writ of mandamus commanding the defendant to grant forthwith the relators’ application to open the street at Madison avenue and West Farms road,…
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Appeal by the defendant, James P. Keating, as commissioner of the department of highways of the city of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of May, 1900, granting the relators’ motion for a peremptory writ of mandamus commanding the defendant to grant forthwith the relators’ application to open the street at Madison avenue and West Farms road, Westchester, borough of the Bronx, New York city.
1Dissent
Hatch, J. (dissenting):
I am unable to agree with the conclusion reached by the majority of the court in this case. jX appears from the record that the petitioners entered into a written contract under and by virtue of chapter 737 of the Laws of 1873 and the acts amendatory thereof and ■ supplemental thereto. By the provisions of the act and the terms of the contract, the water company, of which the petitioners are receivers, became obligated to furnish to the inhabitants of the town of Westchester a pure supply of water. This obligation -svas imperative upon the water company, and is binding…
2Cases cited4 opinions
- Brass v. . RathboneNew York Court of Appeals · 1897
- People Ex Rel. Third Ave. R.R. Co. v. . NewtonNew York Court of Appeals · 1889
- People ex rel. McGrath v. Green Island Water Co.New York Supreme Court · 1890
- People ex rel. Brush v. New York Suburban Water Co.Appellate Division of the Supreme Court of the State of New York · 1899