Appellate Division of the Supreme Court of the State of New York January 8, 1908 (Village of Phœnix v. Gannon)

lead-opinion

McLennan, P. J.:

The only ' question presented by this appeal is whether or not a consent or franchise given by the local authorities of a municipality to an individual to construct and operate a surface railroad through and upon the streets in such municipality has any validity so as to confer any rights upon such individual.