People Ex Rel. Flatbush Gas Co. v. . Coler
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 9, 1907, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel defendants to issue a permit to the relators for the opening of a certain street in the borough of Brooklyn for the purpose of connecting buildings on abutting lands with the electrical wires of the petitioner in said parkway to the end that…
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 9, 1907, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel defendants to issue a permit to the relators for the opening of a certain street in the borough of Brooklyn for the purpose of connecting buildings on abutting lands with the electrical wires of the petitioner in said parkway to the end that electricity might be supplied to private consumers. The facts, so far as material, are stated in the opiniqn. The park…
1Opinion of the CourtHiscock, J.
The appellants as the municipal authorities of the borough of Brooklyn refused to grant to the relator and respondent the desired permit to open Ocean parkway for the purpose of laying conductors and supplying private consumers with electricity on the ground that it had never received any permit or franchise from the proper municipal authorities to occupy and use said parkway for such purpose.
The learned courts below have overruled this contention and, as we think erroneously, and their orders should be reversed.
The respondent was organized under the so-called Gas Act of February 16, 1818.…
2Cases cited2 opinions
- Ghee v. . Northern Union Gas Co.New York Court of Appeals · 1899
- Irvine v. Atlantic Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Boise Artesian Hot & Cold Water Co. v. Boise CitySupreme Court of the United States · 1913