Hyperlawhypertext legal database Southern Dutchess Gas & Electric Co. v. Murphey 146 N.Y.S. 1113

← Cases

Southern Dutchess Gas & Electric Co. v. Murphey

146 N.Y.S. 1113 Court N.Y. App. Div. Decision date 1914-03-20 Docket Appeal No. 2 English

Contents

Majority

p. 1113
SOUTHERN DUTCHESS GAS & ELECTRIC CO., Respondent, v. MURPHEY et al., Appellants.
(Appeal No. 2.)
(Supreme Court, Appellate Division, Second Department.
March 20, 1914.)

Headnote

Action by the Southern Dutchess Gas & Electric Company against Harry E. Murphey and others.

Order affirmed, with $10 costs and disbursements. We think the powers conferred on electric light companies by Transportation Corporation Law (Consol. Laws, c. 63) § 61, subd. 2, also under the franchise to use the streets of Fishkill, did not take from plaintiff the power also to condemn an easement over the property "of defendants, such as it sought to do in these proceedings.