Poillon v. . City of Brooklyn
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 12, 1885, which affirmed a judgment in favor of plaintiffs, entered upon a verdict, and which affirmed an order denying a motion for a new trial. This action was brought to recover for the use of a pier in the city of Brooklyn belonging to plaintiffs. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 12, 1885, which affirmed a judgment in favor of plaintiffs, entered upon a verdict, and which affirmed an order denying a motion for a new trial. This action was brought to recover for the use of a pier in the city of Brooklyn belonging to plaintiffs. The material facts are stated in the opinion. The legislature having limited the power of the common council to create a debt or obligation against the city to a particular way, no recovery founded upon any…
1Opinion of the CourtDanforth, J.
Among other powers conferred upon the common council of the city of Brooklyn was one to establish and maintain one or more public baths, as they might “deem necessary” (Laws of 1873, chap. 863, § 13, subd. 5), and in pursuance of this authority they placed a public bath at a pier owned by the plaintiffs, and maintained it for the use of the public during the years 1878, 1879 and 1880. At the expiration of each year the plaintiffs, without success, demanded of the city, through its officers, compensation for the value of the berth, or place occupied by it for the above purpose, and finally in…
2Cases cited2 opinions
- McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
- Nelson v. Mayor of New YorkNew York Court of Appeals · 1876
3Cited by10 opinions
- Langley v. City CouncilSupreme Court of Georgia · 1903
- City & County of Denver v. HallettSupreme Court of Colorado · 1905
- Bell v. City of PlattevilleWisconsin Supreme Court · 1888
- Lamm v. ChambersCourt of Appeals of Texas · 1929
- Collensworth v. City of New WhatcomWashington Supreme Court · 1896
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