In re East Canada Creek Electric Light & Power Co.
New York Supreme Court
This is a proceeding to acquire certain lands of the defendants herein according to the provisions of the Condemnation Law.
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This is a proceeding to acquire certain lands of the defendants herein according to the provisions of the Condemnation Law. The petitioner is an electric light and power company, incorporated under the Transportation Corporations Law of the State of New York, and contracted for the lighting of certain villages and towns some of which, on account of their •subsequently increased population, require a larger amount of electricity for lighting their streets under their contract heretofore made with the plaintiff than the plaintiff is now able to furnish, hence in order to comply with its…
1Opinion of the CourtWright, J.
Under the Laws of 1896, chapter 446, plaintiff is given the right to acquire by condemnation proceedings the lands of defendant since they are necessary for the purposes of its incorporation. Further, furnishing light to a municipality is a public use and benefit (Matter of Bloomfield & Rochester Nat. Gas Light Co. v. Richardson, 63 Barb. 437; Johnson v. Thomson-Houston Elec. Co., 54 Hun, 469; Consumers’ Gas & Elec. L. Co. v. Congress Spring Co., 61 Hun, 133; Palmer v. Larchmont El. Co., 158 N. Y. 231) with regard to which the power of eminent domain may be exercised; and it is no objection…
2Cases cited7 opinions
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Palmer v. . Larchmont Electric Co.New York Court of Appeals · 1899
- Matter of Union E.R.R. Co. of BrooklynNew York Court of Appeals · 1889
- Buffalo and New-York Railroad v. . BrainardNew York Court of Appeals · 1853
- Bloomfield & Rochester Natural Gas Light Co. v. RichardsonNew York Supreme Court · 1872
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3Cited by1 opinion
- In re Niagara, Lockport & Ontario Power Co.New York Supreme Court · 1925