Litchfield v. . Vernon
New York Court of Appeals
The first above entitled case is an appeal from a judgment at the General Term in the second district, affirming a judgment rendered on trial without a jury, before Judge Babkaed, at the Kings county Special Term, in favor of the plaintiff. In the year 1859 there was a tunnel through about a mile of the length of Atlantic street, in the city of Brooklyn, over which there was a paved street on the regular grade.
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The first above entitled case is an appeal from a judgment at the General Term in the second district, affirming a judgment rendered on trial without a jury, before Judge Babkaed, at the Kings county Special Term, in favor of the plaintiff. In the year 1859 there was a tunnel through about a mile of the length of Atlantic street, in the city of Brooklyn, over which there was a paved street on the regular grade. This tunnel was used by the Long Island Railroad Company, as assignees of the Brooklyn and-Jamaica Railroad Company, for the purpose of running with steam power their cars down to the…
1Opinion of the CourtGrover, J.
The question whether the act of 1859, chap. 484 of Laws, page 484, is constitutional and void, depends upon the inquiry whether the assessments thereby authorized are made in the exercise of the taxing power of the State or in that of eminent domain. If the former, the counsel of the appellant concedes them to be valid. See People v. Mayor of Brooklyn (4 Comst., 419); The Sun Insurance Company v. The Mayor, etc. (N. Y., 4 Seld., 241); Town of Guilford v. The Board of Supervisors, Chenango County (3 Kern., 143). If the latter, it is entirely clear that the act is void. An examination of the…
2Cited by37 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Spencer v. MerchantSupreme Court of the United States · 1888
- In re the Bonds of the Madera Irrigation DistrictCalifornia Supreme Court · 1891
- Illinois Central Railroad v. DecaturSupreme Court of the United States · 1893
- Spencer v. . MerchantNew York Court of Appeals · 1885
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