Russell v. Mayor of New-York
New York Supreme Court
ON error from the supreme court. Russell sued the corporatidn of the city of New-York in the superior court of that city in assump.sit, for the value of a quantity of merchandize which was destroyed in the great fire in December, 1835. TIi~ goods were deposited in a store in Exchange pIace~ which was blown up and destroyed by order of the mayor and two aldermen, in order tb prevent the fire from extending in that direction.
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ON error from the supreme court. Russell sued the corporatidn of the city of New-York in the superior court of that city in assump.sit, for the value of a quantity of merchandize which was destroyed in the great fire in December, 1835. TIi~ goods were deposited in a store in Exchange pIace~ which was blown up and destroyed by order of the mayor and two aldermen, in order tb prevent the fire from extending in that direction. The first count of the declaration stated that by an act of the legislacure which was passed April 9th, 1813, upofl the application and qit the request of the…
1Opinion of the CourtBronson, J.
This, action is founded upon the allegation that the property of the plaintiffs has been taken for public use by the defendants; and it is "then said, that the plaintiffs may have an action, by virtue of the seventh section of the-seventh article of the constitution, which provides that private property shall not be taken for public use without just compensation.'
Without going much at large into the question, I am of opinion that the case does not come within this clause of the constitution. If the property was “taken” by any body, within the meaning of the clause, it was not taken by the…
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