In re New York & Long Island Bridge Co.
New York Supreme Court
Appeal from special term, New York county. The petitioner, the New York & Long Island Bridge Company, made application for the appointment of commissioners to appraise the compensation to be made to the city of New York for so much of Blackwell’s island as might be required for constructing and operating its proposed bridge over East river from New York city to Long island. From the order of the special term denying the application, petitioner appeals.
1Opinion of the CourtBarrett, J.
In denying the petitioner’s application at special term, Presiding Justice Van Brunt filed a careful opinion, which, in my judgment, demonstrates the unconstitutionality of the act (Laws 1885, c. 392) under which these proceedings are instituted. But little need be added to this opinion. The original act under which the petitioner was incorporated (Laws 1867, c. 395) conferred upon it no authority to construct a bridge for railway travel. That act plainly contemplates an ordinary bridge for the passage of “persons, animals, carriages, and vehicles.” In section 6 of the act provision is made…
2Cases cited3 opinions
- Allen v. LouisianaSupreme Court of the United States · 1881
- In Re New York District Railway Co.New York Court of Appeals · 1887
- In re Brooklyn, Winfield & Newtown RailroadNew York Court of Appeals · 1878
3Cited by2 opinions
- New York & Long Island Bridge Co. v. SmithNew York Court of Appeals · 1896
- New York & L. I. Bridge Co. v. SmithNew York Supreme Court · 1895