Lansing v. Smith
New York Supreme Court
Case against the acting commissioners under the stab ute, (sess. 46, oh. Ill,) for erecting the Albany basin, by which the plaintiff alleged he was injured; ■ tried at the Albany circuit, February 7th, 1826, before Duer, 0. Judge, • The plaintiff was non-suited by the judge, who sealed a bill of exceptions presenting the grounds of the non-suit, which, with the facts of the case, will be found stated in the opinion of the court.
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Case against the acting commissioners under the stab ute, (sess. 46, oh. Ill,) for erecting the Albany basin, by which the plaintiff alleged he was injured; ■ tried at the Albany circuit, February 7th, 1826, before Duer, 0. Judge, • The plaintiff was non-suited by the judge, who sealed a bill of exceptions presenting the grounds of the non-suit, which, with the facts of the case, will be found stated in the opinion of the court. A motion was made upon this bill, to set aside the non-suit, and for a new trial.
1Opinion of the Court
Curia, per Sutherland, J.
Three questions arise upon this bill of exceptions :
1. Is the act of the 5th of April, 1823, “ authorizing the construction of a basin in the city of Albany, at the termination of the Erie and Champlain canals,” constitutional ?
2. Was the erection of the temporary bridges and the sloop lock, of which the plaintiff complains, authorized by that act ? And
*147*3. Admitting the act to be unconstitutional, or the ereo» tions complained of to be unauthorized by it, is the injury to the plaintiff of such a nature as will enable him, under the circumstances disclosed in the case,…
2Cases cited1 opinion
- Butler v. KentNew York Supreme Court · 1821
3Cited by56 opinions
- Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
- Trustees of the Freeholders & Commonalty of Brookhaven v. SmithNew York Court of Appeals · 1907
- City of Chicago v. Union Building Ass'nIllinois Supreme Court · 1882
- Robinson v. . ChamberlainNew York Court of Appeals · 1866
- Indiana, Bloomington & Western Railway Co. v. EberleIndiana Supreme Court · 1887
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