Hyperlawhypertext legal database People ex rel. Independent Telephone Co. v. Monroe 86 N.Y.S. 1143

← Cases

People ex rel. Independent Telephone Co. v. Monroe

86 N.Y.S. 1143 Court N.Y. App. Div. Decision date 1904-02-19 English

Decision Majority — PER CURIAM. · Dissent — LAUGHLIN, J.

Contents
p. 1143
PEOPLE ex rel. INDEPENDENT TELEPHONE CO. v. MONROE, Com’r.
(Supreme Court, Appellate Division, First Department.
February 19, 1904.)

Headnote

Mandamus by the people;, on the relation of the Independent Telephone Company, against Robert G. Monroe, as commissioner. From an order denying a motion, for a peremptory writ, relator appeals. Affirmed. G. Hill, for appellant. T. Connoly, for respondent.

Affirmed, with $10 costs and disbursements.

I dissent. The transportation corporation law (Laws 1890, p. 1136, e„ 566), under which relator was incorporated, gives it a franchise; and it is, without obtaining any further franchise from the municipal assembly, in a position to apply to the respondent for a permit, pursuant to the provisions of section 528 of the Greater New York Charter (Laws 1901, p. 237, c. 466), which must be entertained and granted upon such reasonable terms, conditions, and restrictions as may be imposed by the respondent pursuant to any provisions of law applicable thereto.