People Ex. Rel. West Side Street Railway Co. v. Barnard
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made March 27, 1888, which affirmed an order of Special Term denying the relator’s motion for a peremptory writ of mandamms requiring the -comptroller of the city of Buffalo to accept and approve a bond executed by the relator, with two sureties, and tendered to said officer, as a compliance with the requirements of the statute, on purchase by the relator of the franchise to build,…
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made March 27, 1888, which affirmed an order of Special Term denying the relator’s motion for a peremptory writ of mandamms requiring the -comptroller of the city of Buffalo to accept and approve a bond executed by the relator, with two sureties, and tendered to said officer, as a compliance with the requirements of the statute, on purchase by the relator of the franchise to build, construct and operate a street railroad upon certain streets of said city. (Reported below, 48 Hun, 57.) The facts, so…
1Opinion of the CourtEarl, J.
It is provided in section 1 of chapter 642 of the Laws of 1886, that the local authorities of any incorporated city to whom application may be made for the construction, maintenance, use, operation or extension of a street railroad through any of the streets of such city, must provide, as a condition of the consent to the use of such street, that the right, franchise and privilege of using the same shall be sold at public auction “to the bidder who will agree to give the largest percentage per annum of the gross receipts of such company or corporation, with adequate security, as hereinafter…
2Cited by24 opinions
- Matter of Quinby v. . Public Service Comm.New York Court of Appeals · 1918
- State ex rel. Webster v. Superior CourtWashington Supreme Court · 1912
- City of Manitowoc v. Manitowoc & Northern Traction Co.Wisconsin Supreme Court · 1911
- People Ex Rel. City of New York v. New York Railways Co.New York Court of Appeals · 1916
- Galveston & Western Railway Co. v. City of GalvestonTexas Supreme Court · 1897
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