Consumers' Gas & Electric Light Co. v. Congress Spring Co.
New York Supreme Court
Appeal from special term, Saratoga county. Action by the Consumers’ Gas & Electric Light Company against the Congress Spring Company and Hiram A. Hays to restrain defendants from removing a pole placed by plaintiff in the street in front of the premises of defendant the Congress Spring Company.
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Appeal from special term, Saratoga county. Action by the Consumers’ Gas & Electric Light Company against the Congress Spring Company and Hiram A. Hays to restrain defendants from removing a pole placed by plaintiff in the street in front of the premises of defendant the Congress Spring Company. The complaint alleged the incorporation of plaintiff for the purpose of supplying electric light, in the village of Saratoga Springs for public and private uses; that the board of trustees of the village, prior to the acts complained of, duly granted to the plaintiff the right and iranchise to set its…
1Opinion of the CourtLandon, J.
We think the demurrer well taken. The answer does not deny that the board of trustees of the village granted plaintiff consent to erect its poles and string its wires, or allege any fact tending to invalidate such grant of consent, except the allegation that the same was obtained “through fraud, and by means of fraudulent and illegal inducements, and wrongfully.” Passing the question whether this is a sufficient allegation of fact, public policy forbids that the acts of municipal bodies in passing ordinances or administrative regulations should be impeached collaterally. Porter v. Purdy, 29…
2Cases cited6 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Duryee v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1884
- Porter v. . PurdyNew York Court of Appeals · 1864
- Electric Construction Co. v. HeffernanNew York Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Palmer v. . Larchmont Electric Co.New York Court of Appeals · 1899
- Fidelity & Guaranty Insurance Corp. v. MondzelewskiSuperior Court of Delaware · 1955
- Post v. Suffolk Light, Heat & Power Co.New York Supreme Court · 1912
- Fidelity & Guaranty Insurance Corp. v. MondzelewskiSupreme Court of Delaware · 1955
- New York Central Railroad v. Middleport Gas & Electric Light Co.Appellate Division of the Supreme Court of the State of New York · 1920
3 more not listed; retrieve them via the Exa API.