New York Court of Appeals

The People of the State of New York Ex Rel. the Woodhaven Gas Light Company, Appellant v. James F. Deehan, as…

October 5, 1897153 N.Y. 528

Summary

The New York Court of Appeals reversed the Appellate Division and affirmed the Special Term's grant of a peremptory writ of mandamus, holding that the town's consent to the gas company to lay conductors extends to all streets, existing and future, and that the village cannot lawfully refuse the permit. The decision rests on a strict construction of the public grant to effect the obvious intent of the parties.