Fair Haven & Westville Railroad v. New Haven
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF ERRORS OF THE STATE OF CONNECTICUT. The facts are stated in the opinion. The act of 1895 so far as affects the plaintiff cannot be sustained as an exercise of the police power. It is not in fact an exercise of the police power, but an attempt to exercise the' revenue power. Cooley’s Const. Lim., 6th ed., 704; 4th ed., 719; Freund, Police Power, §3; Rochester Turnpike Co. v. Joel, 41 App. Div.
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ERROR TO THE SUPREME COURT OF ERRORS OF THE STATE OF CONNECTICUT. The facts are stated in the opinion. The act of 1895 so far as affects the plaintiff cannot be sustained as an exercise of the police power. It is not in fact an exercise of the police power, but an attempt to exercise the' revenue power. Cooley’s Const. Lim., 6th ed., 704; 4th ed., 719; Freund, Police Power, §3; Rochester Turnpike Co. v. Joel, 41 App. Div. (N. Y.) 43; Potter’s Dwarris, 458. The taxing power is a separate and distinct power from the police power. Whether the railroad paid these assessments or not did not affect…
1Opinion of the CourtJustice McKenna
This case involves the validity of an assessment of $36,879, against plaintiff in error, for the cost of paving between its tracks and for one foot on each side thereof. Plaintiff in error operates a double track electric railway through West Chapel street in New Haven.
In pursuance of certain laws of the State the court of common council, through a contractor, caused the street to be paved with sheet asphalt. The work was begun in June, 1897, and completed in Octobér.or November of the same year; The city paid for the work, and, as provided by the statutes, assessed against plaintiff in error…
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