People v. Kerr

Having carefully examined the case, I shall content myself by stating, without elaboration, the conclusions reached:

1. The authority conferred on the defendants by the act of April 9, 1860, to construct, operate and use a railroad for the conveyance of passengers for compensation through, upon and along certain streets and avenues in the city of New York, was not an invalid exercise of legislative power, in the absence of any constitutional inhibition or restraint. The legislature has entire control of any public rights in the highways or streets, and what it authorizes, so that it be…