Queens Terminal Co. v. Schmuck
Appellate Division of the Supreme Court of the State of New York
Reargument of an appeal by the defendants, J. Carl Schmuck and others, from an order of the Supreme Court, made at the Nassau Special Term and entered in the office of the clerk of the county of Nassau on the 14th day of January, 1910, confirming the report of commissioners of appraisal herein, with notice of an intention to bring up for review an interlocutory judgment of the Supreme Court, entered in the said clerk’s office on the 8th day of February, 1908, appointing the…
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Reargument of an appeal by the defendants, J. Carl Schmuck and others, from an order of the Supreme Court, made at the Nassau Special Term and entered in the office of the clerk of the county of Nassau on the 14th day of January, 1910, confirming the report of commissioners of appraisal herein, with notice of an intention to bring up for review an interlocutory judgment of the Supreme Court, entered in the said clerk’s office on the 8th day of February, 1908, appointing the commissioners whose report was confirmed.
1Dissent
Rich, J. (dissenting):
The constitutionality of the act, based upon the objection that it permits the taking of land by condemnation for private purposes, is not presented by the appellants, and there is no serious contention that the proposed canal or waterway is not. to be constructed for public use. The incorporating statute declares that lands required for the construction of the»waterways “shall be deemed to be required for public use,” which is sufficient to establish its public character. In addition, the contract under which the waterway is being constructed by the respondent obligates…
2Cases cited19 opinions
- Strohm v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
- Coxe v. . StateNew York Court of Appeals · 1895
- Pocantico Water Works Co. v. BirdNew York Court of Appeals · 1891
- In the Matter of William A. FowlerNew York Court of Appeals · 1873
- Economic Power & Construction Co. v. City of BuffaloNew York Court of Appeals · 1909
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