In the Matter, Etc., Village of Middletown
New York Court of Appeals
Appeal from order of the General Term of'the Supreme Court in the second judicial department, affirming an order of Special Term, appointing commissioners under the act chapter 347, Laws of 1866, as amended by chapter 85, Laws of 1879, to appraise the compensation to be paid to owners of lands and water rights, to be taken for the purposes of said acts. The facts are sufficiently stated in the opinion.
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Appeal from order of the General Term of'the Supreme Court in the second judicial department, affirming an order of Special Term, appointing commissioners under the act chapter 347, Laws of 1866, as amended by chapter 85, Laws of 1879, to appraise the compensation to be paid to owners of lands and water rights, to be taken for the purposes of said acts. The facts are sufficiently stated in the opinion. The act of 1866 (chap. 347) is unconstitutional and void, because it is a local act, and more than one subject is expressed in its title and in the act itself. (People v. O'Brien, 38 N. Y. 193;…
1Opinion of the CourtFinch, J.
The statutes assailed in this case (chap. 347, Laws of 1866, as amended by chap. 85, Laws of 1879) are not unconstitutional. They do not authorize the taking of water for a merely private use. While the title of the act indicates that the water supplied is for both public and private purposes, it must be construed to mean only such private purposes as are incidental to the public use and more or less, involved in it, since the act itself contains no provision for other than a public use and is framed for that alone. It does not purport to benefit individuals, save and except as they share in…
2Cases cited8 opinions
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- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
- People v. New York & Staten Island Ferry Co.New York Court of Appeals · 1877
- People Ex Rel. Fowler v. BullNew York Court of Appeals · 1871
- Gordon v. . CornesNew York Court of Appeals · 1872
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3Cited by53 opinions
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- May v. City of KearneyNebraska Supreme Court · 1945
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- McEneney v. Town of SullivanIndiana Supreme Court · 1890
- Republic of Honduras v. . SotoNew York Court of Appeals · 1889
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