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People ex rel. New York & E. Telegraph & Telephone Co. v. Plympton

32 N.Y.S. 1148 Court N.Y. Gen. Term Decision date 1895-02-11 English

Delivered by DYKMAN, J.

Contents

Majority

p. 1148
PEOPLE ex rel. NEW YORK & E. TELEGRAPH & TELEPHONE CO. v. PLYMPTON et al.
(Supreme Court, General Term, Second Department.
February 11, 1895.)

Headnote

Action by the New York & Eastern Telegraph & Telephone Company tor writ of mandamus to compel George W. Plympton and Frederick R. Lee, composing the board of commissioners of electrical subways of the city of Brooklyn,to grant to relator a permit to suspend electrical wires along and through Fulton street, in the city of Brooklyn, and to place electrical conductors in subways and other streets.
Archibald L. Sessions, for appellants. E. H. Benn, for respondent.

This is an appeal from an order which awarded to the relators a peremptory writ of mandamus, requiring the board of commissioners of electrical subways of the city of Brooklyn to approve a plan, and grant a permit to the New York & Eastern Telegraph & Telephone Company to erect and suspend telegraph and telephone wires from and along the Kings County Elevated Railway, and to place electrical conductors in subways to be constructed along certain streets in the city. Our examination satisfies us that the proper disposition was made of the case by the special term, and the reasons therefor are satisfactory. The order

p. 1149
should he affirmed, with §10 costs and disbursements.