Legal Opinion

In re the Trustees of the New York & Brooklyn Bridge

New York Court of Appeals

Decided February 19, 1878PublishedCited by 43 opinions

Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing an order of Special Term appointing commissioners in proceedings to condemn land for the use specified in the act chapter 165, Laws of 1877. The trustees proposed to take a strip of land fifty-two feet six inches wide.

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Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing an order of Special Term appointing commissioners in proceedings to condemn land for the use specified in the act chapter 165, Laws of 1877. The trustees proposed to take a strip of land fifty-two feet six inches wide. Henry A. Burr, one of the land-owners, answered the petition, claiming in substance that the act only authorized the taking of a strip of the width of Franklin street, which was thirty-five feet, also that the act was in violation of section sixteen of article six of the State…

1Opinion of the Court

Church, Ch. J.

This is a proceeding to condemn land by the bridge company, to be used as a public street, in lieu of Frankfort street, which had, to a certain extent, been *529appropriated in constructing approaches to the bridge. In this case the Legislature itself has declared the necessity for taking the land for the use specified in the act (chap. 165, Laws of 1877), and it is not disputed that such use is a public one, and hence there can be no question of power urged against the application. (People ex rel. Herrick v. Smith, 21 N. Y., 595.) The only point presented for our consideration is…

Also in this document: Dissent.

2Cases cited2 opinions

  1. People Ex Rel. Herrick v. SmithNew York Court of Appeals · 1860
  2. Waller v. HarrisNew York Supreme Court · 1838

3Cited by43 opinions

  1. Matter of Quinby v. . Public Service Comm.New York Court of Appeals · 1918
  2. Bender v. Jamaica HospitalNew York Court of Appeals · 1976
  3. Bright Homes, Inc. v. WrightNew York Court of Appeals · 1960
  4. People Ex Rel. Devery v. . ColerNew York Court of Appeals · 1903
  5. Economic Power & Construction Co. v. City of BuffaloNew York Court of Appeals · 1909

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