Appellate Division of the Supreme Court of New York, 1915

Weedsport Electric Light Co. v. Village of Weedsport

Weedsport Electric Light Co. v. Village of Weedsport
Appellate Division of the Supreme Court of New York · Decided March 15, 1915
167 A.D. 949; 154 N.Y.S. 1150
Weedsport Electric Light Co. v. Village of Weedsport

Opinion of the Court

Per Curiam:

We hold in this case as follows: 1. That a right, still in force to erect, construct and maintain suitable wires and other conductors, with the necessary poles and other fixtures and apparatus in, on, over and under the streets, avenues, public parks and places of said village (the defendant), for conducting and distributing electricity for commercial lighting and heat under reasonable regulations, was granted by the adoption of the resolution of October 5, 1898, by the board of trustees of the defendant, to the assignor of the plaintiff. 2. That the plaintiff has kept and performed all of the conditions upon which the said franchise was granted, and that the written notice served by the defendant upon the plaintiff December 11, 1912, was ineffectual to discontinue or forfeit the franchise theretofore granted to the plaintiff. All concurred. Judgment reversed, with costs, and judgment directed for the plaintiff, granting a permanent injunction, with costs.

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