Hyperlawhypertext legal database People ex rel. New York Electrical Lines Co. v. Squire 6 N.Y. St. Rep. 281

← Cases

People ex rel. New York Electrical Lines Co. v. Squire

6 N.Y. St. Rep. 281 Court N.Y.C.P. Decision date 1887-02-07 English

Contents

Majority

p. 281
The People ex rel. The New York Electrical Lines Co., App’lt, v. Rollin M. Squire, as Commissioner of Public Works, etc., Resp’t.[1]
(New York Common Pleas, General Term,
Filed February 7, 1887.)

Headnote

Mandamus—“When should be denied.
The commissioner of public works was correct in his refusal to allow a permit to the relator to open the streets for the purpose of laying its wires, on the ground that its plans had not been approved by the'board of subway commissioners, as required by section 3 of the act of June 13, 1885, and a mandamus must be denied.
Appeal from an order denying a motion made at special term, for a writ of peremptory mandamus.
Jesse Larrabee and E. H. Benn, for app’lt; E. H. Lacombe, corporation counsel for resp’t.

The learned judge who made the order appealed from, after a careful examination of the law, denied the motion for a mandamus; and he has fully, and very clearly given his reasons therefor. See S. C., N. Y. State Rep., 633.

We have examined the questions raised by the appeal, and fully agree with him, both in the conclusions to which he has arrived, and the grounds on which such conclusions are based.

A similar application was made to Mr. Justice Freedman, in the case of the New York Electric Lines Co. v. John D. Crimmins and others and by him denied. MSS. opinion N. Y. Sup. Ct., Sp. Tm., Nov. i, 1886.

For the reasons stated in the opinions, we think the order appealed from should be affirmed.