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International Railway Co. v. Rann

185 A.D. 906 Court N.Y. App. Div. English

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p. 906
In the Matter of the Application of International Railway Company, Appellant, v. William S. Rann, as Corporation Counsel of the City of Buffalo, Respondent, for a Peremptory Writ of Mandamus.

Headnote

Order affirmed as a matter of law and not in the exercise of any discretion, without costs.

Held, we are of the opinion that the provisions of the MHburn agreement ’ with reference to ñve-cent fares in the city of Buffalo are “ property or rights ” of the city; that any relinquishment thereof is a disposition of such “property or rights ” within the meaning óf section 31 of the city charter.[1] AH concurred, except Foote, J., not voting.

* Laws of 1914, chap. 217, § 31. — [Rep.