Hartwell v. Armstrong
New York Supreme Court
nnHIS action was brought by several owners of land in what JL is called the Borne swamp, against the defendants as commissioners for draining the swamp, appointed by the act of April, 17,1854, (Laws of 1854, ch. 396,) to restrain their proceedings.
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nnHIS action was brought by several owners of land in what JL is called the Borne swamp, against the defendants as commissioners for draining the swamp, appointed by the act of April, 17,1854, (Laws of 1854, ch. 396,) to restrain their proceedings. The complaint, in addition to averring that the act was unconstitutional, because it assumed to take private property for public purposes, and also "provided no compensation to the proprietors of the land taken, alleged that the defendants were proceeding improperly in the work, and to the injury of the plaintiffs ; and some testimony was taken on…
1Opinion of the CourtBacon, J.
The grounds on which the plaintiffs ask the relief to which they suppose themselves entitled are two fold. First, they allege that the proceedings of the defendants are calculated to do incalculable injury to the farms of the plaintiffs, by cutting off and drying up their springs, and destroying the growth of their young timber, and that these proceedings are conducted in bad faith and with the intent to injure the plaintiffs, and benefit the lands of other parties not contributing to the expense of the work; and secondly, they insist that the act under which the defendants are assuming to…
2Cases cited2 opinions
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
3Cited by24 opinions
- Matter of RyersNew York Court of Appeals · 1878
- Sadler v. LanghamSupreme Court of Alabama · 1859
- Varner v. MartinWest Virginia Supreme Court · 1883
- Bankhead v. BrownSupreme Court of Iowa · 1868
- Cribbs v. BenedictSupreme Court of Arkansas · 1897
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