Waterloo Woolen Manufacturing Co. v. Shanahan
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 23, 1890, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. Whether chapter 325 of the Laws of 1888, appropriated money for local or private purposes only, is a question for the courts to determine.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 23, 1890, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. Whether chapter 325 of the Laws of 1888, appropriated money for local or private purposes only, is a question for the courts to determine. (In re D. C. Assn., 66 N. Y. 569.) Private property cannot be taken by. eminent domain for private purposes either with or without…
1Opinion of the CourtO’Brien, J.
The defendant James Shanahan, as superintendent of public works, in behalf of the state, entered into a contract with the defendants Fuller and Albaugh, for the performance of certain work in dredging and otherwise improving the channel of Seneca river and old Bear race, at Waterloo. The contractors had entered upon the work when this action was commenced, and both they and the superintendent of public works, were enjoined from proceeding therewith. And by the final judgment in the action this injunction against them, and all persons acting under them, is made perpetual. This appeal involves…
2Cases cited14 opinions
- Matter of Application of JacobsNew York Court of Appeals · 1885
- People Ex Rel. Bolton v. . AlbertsonNew York Court of Appeals · 1873
- Matter Appl'n Mayor, Etc., of City of N.Y.New York Court of Appeals · 1885
- In Re Niagara Falls & Whirlpool Railway Co.New York Court of Appeals · 1888
- Amy v. WatertownSupreme Court of the United States · 1889
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3Cited by51 opinions
- Fulton L., H. P. Co. v. . State of N.Y.New York Court of Appeals · 1911
- St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
- Henderson v. City of LexingtonCourt of Appeals of Kentucky · 1908
- Matter of City of New York (Ely Avenue)New York Court of Appeals · 1916
- Cuglar v. Power AuthorityNew York Supreme Court · 1957
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