People v. Manhattan Gas Light Co.
New York Supreme Court
Appeal from an order denying a motion for a mandamus. The relator, De Lancey Kennedy, applied for a mandamus against the Manhattan Gas Light Company of the City of New-York, to compel them, to supply his building with gas. The grounds of the application and the defence are fully stated in the opinion.
1Opinion of the Court
By the Court.*—Ingraham, P. J.
I think there can be no *405doubt about the authority of this court to direct the respondents to furnish gas to persons who under provisions of théir charter have a right to receive it, and who offer to comply with the general conditions on which the company supply others.
They possess, by virtue of their charter, powers and privileges which others cannot exercise, and the statutory duty is imposed upon them to furnish gas on payment of all moneys due by such applicants.
We are left, then, to inquire whether the relator was in a condition to demand from the company…
2Cited by25 opinions
- Southwestern Telegraph & Telephone Co. v. DanaherSupreme Court of the United States · 1915
- Turner v. Revere Water Co.Massachusetts Supreme Judicial Court · 1898
- Haugen v. Albina Light & Water Co.Oregon Supreme Court · 1891
- Central Union Telephone Co. v. State ex rel. FalleyIndiana Supreme Court · 1889
- Dodd v. City of AtlantaSupreme Court of Georgia · 1922
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