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

91 N.Y. Sup. Ct. 610 Court N.Y. Gen. Term English

Judges Pratt, J., concurred; Cullen, J., not sitting.

Delivered by Dykman, J.:

Contents

Majority

p. 610
The People of the State of New York ex rel. The New York and Eastern Telegraph and Telephone Company, Respondent, v. George W. Plympton and Others, Constituting Board of Commissioners of Electrical Subways of the City of Brooklyn, Appellants.

Order affirmed, with ten dollars costs and disbursements.—

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 and Eastern Telegraph and 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 should be affirmed, with ten dollars costs and disbursements.

Pratt, J., concurred; Cullen, J., not sitting.