208 A.D. 807 | N.Y. App. Div. | 1924
Peremptory mandamus order unanimously affirmed, with ten dollars costs and disbursements, upon the opinion of Mr. Justice Hagarty at Special Term. Present— Kelly, P. J., Rich, Jaycox, Kelby and Kapper, JJ.
The following is the opinion of the court below:
This is an application for a mandamus order directing the Huntington Water Works Company to comply with the order of the fire commissioners of Huntington Manor fire department, directing the installation of a fire hydrant on Broadway, Huntington. The defendant has refused to comply with the order for the reason that the relators have no power to demand additional hydrants under the Town Law; that the contract to install water mains and hydrants has expired, and that since the expiration of the contract, it has continued to supply water to the fire districts only on the theory of quantum meruit. The relators are entitled to the relief sought. The powers and duties of the fire commissioners are not limited to those enumerated in section 317 of the Town Law.
Added by Laws of 1916, chap. 226.— [Rep.
Amd. by Laws of 1909, chap. 405, and Laws of 1919, chap. 256.— [Rep.
See Transportation Corporations Law, $ 80 el seq.— [Rep.