Legal Opinion

People ex rel. Frontier Electric Railway Co. v. City of North Tonawanda

New York Supreme Court

Decided December 15, 1910PublishedCited by 6 opinions

Application for peremptory writ of mandamus.

1Opinion of the CourtPound, J.

Relator is a railroad corporation, organized to build and operate a railroad from the city of Fiagara Falls to the city of Buffalo. Its route extends through the city of Forth Tonawanda and across certain streets of such city.

Section 21 of the Railroad Law (Laws of 1910, chap. 481) provides that: “ Fo railroad corporation shall * * * construct its road in, upon or across any streets of any city without the assent of the corporation of such city.”

Relator presented an application to the common council of the city of Forth Tonawanda for the required assent to construct its road across various…

2Cases cited4 opinions

  1. People Ex. Rel. West Side Street Railway Co. v. BarnardNew York Court of Appeals · 1888
  2. Delaware, Lackawanna & Western Railroad v. City of BuffaloNew York Supreme Court · 1892
  3. People ex rel. Eastern Parkway Co. v. KennedyAppellate Division of the Supreme Court of the State of New York · 1904
  4. South Shore Traction Co. v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 1907

3Cited by6 opinions

  1. Matter of Quinby v. . Public Service Comm.New York Court of Appeals · 1918
  2. Salt Lake City v. Utah Light & Traction Co.Utah Supreme Court · 1918
  3. City of St. Louis v. Public Service CommissionSupreme Court of Missouri · 1918
  4. Georgia Railway & Power Co. v. Railroad CommissionSupreme Court of Georgia · 1919
  5. City of International Falls v. Minnesota, Dakota & Western Railway Co.Supreme Court of Minnesota · 1912

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