People ex rel. City of Geneva v. Geneva, Waterloo, Seneca Falls & Cayuga Lake Traction Co
Appellate Division of the Supreme Court of the State of New York
Appeal by the défendant, The Geneva, Waterloo, Seneca Falls and Cayuga Lake Tractiqn Company, from an order of the Supreme Court, made at the Pntario Special Term and entered in the office of the clerk of the county of Ontario on the 23d day of January,. 1906, granting the relator’s motion for a peremptory writ of. mandamus directing the defendant to remove its railroad track from its present location on the north side of East North street in the city of Geneva, N. Y.,…
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Appeal by the défendant, The Geneva, Waterloo, Seneca Falls and Cayuga Lake Tractiqn Company, from an order of the Supreme Court, made at the Pntario Special Term and entered in the office of the clerk of the county of Ontario on the 23d day of January,. 1906, granting the relator’s motion for a peremptory writ of. mandamus directing the defendant to remove its railroad track from its present location on the north side of East North street in the city of Geneva, N. Y., practically to the center of said street, and to change the line and grade of. its railroad in said street as required hy the…
1Opinion of the Court
McLennan, P. J.:
It is alleged in the moving affidavits in substance:
That the relator is a municipal corporation created under, and by virtufe of chapter 360 of the Laws of 1897 arid the acts amendatory thereof; that by title 5 of said act a department of public works was created in and for said bity of Geneva, .composed of five commissioners constituting the board of public works of said city, and vested with “the charge, management, control and maintenance of the streets and bridges within the corporate limits’ of said; city, including thé right to repair, grade, pave, improve and establish…
2Cases cited12 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
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- People Ex Rel. Green v. Dutchess & Columbia RailroadNew York Court of Appeals · 1874
- Indianapolis & Cincinnati Railroad v. State ex rel. City of LawrenceburgIndiana Supreme Court · 1871
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