Legal Opinion · Dissent

People ex rel. New York Edison Co. v. McCall

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1913Published

Certiorari issued out of the Supreme Court, attested on the 17th day of March, 1913, to review the action of the Public Service Commission. Writ dismissed and order sustained, with fifty dollars costs and disbursements.

1Dissent

Ingraham, P. J. (dissenting):

I dissent from the dismissal of this writ on the ground stated in the dissenting opinion of Justice Miller in People ex rel. New York Edison Co. v. Willcox (151 App. Div. 832), in which opinion I concurred. I think he there demonstrates that this so-called secondary franchise had never been operated by the American Electric Illuminating Company prior to 1907, and that, therefore, this respondent was not authorized to begin construction without the permission of the Public Service Commission. It is only necessary to refer to Justice Miller’s opinion as the basis of…

2Cases cited2 opinions

  1. People ex rel. New York Edison Co. v. WillcoxAppellate Division of the Supreme Court of the State of New York · 1912
  2. In re the Long Acre Electric Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1907

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