Long Acre Electric Light & Power Co. v. Consolidated Telegraph & Electrical Subway Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 18, 1907, which affirmed an order of Special Term granting a-motion for a peremptory writ of mandamus to compel the defendant to assign to the petitioner space in its subways for electrical conductors. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 18, 1907, which affirmed an order of Special Term granting a-motion for a peremptory writ of mandamus to compel the defendant to assign to the petitioner space in its subways for electrical conductors. The facts, so far as material, are stated in the opinion. The attempted grant of the franchise by the American Electric Manufacturing Company -in 1888 to an individual was illegal and invalid and no title passed thereby, hence the respondent, which claims under and through it,…
1Opinion of the CourtO’Brien, J.
This case presents a controversy between two corporations, which assumes the form of an application for a peremptory writ of mandamus. The application was granted and the order affirmed on appeal.. There is no controversy about the facts, but there is in regard to the law governing the case. The corporate powers and duties of the defendant may be described in general terms without specific reference to the contract. and legislative acts conferring upon it, as it is claimed, the powers which it is authorized and bound to exercise. It has authority,' and it is its duty, to construct and…
2Cases cited13 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- People v. . O'BrienNew York Court of Appeals · 1888
- National Bank v. WhitneySupreme Court of the United States · 1881
- People Ex Rel. New York Electric Lines Co. v. SquireNew York Court of Appeals · 1888
- Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- New York Electric Lines Co. v. Empire City Subway Co.Supreme Court of the United States · 1914
- People Ex Rel. New York Edison Co. v. WillcoxNew York Court of Appeals · 1912
- Consolidated Gas Co. v. City of New YorkU.S. Circuit Court for the District of Southern New York · 1907
- New York Electric Lines Co. v. Empire City Subway Co.New York Court of Appeals · 1911
- Fifth Avenue Coach Co. v. City of New YorkNew York Supreme Court · 1908
12 more not listed; retrieve them via the Exa API.