Fort Plain Bridge Co. v. . Smith
New York Court of Appeals
This is an appeal by the plaintiff from a judgment of the supreme court, rendered in favor of the defendant, in the fourth district. The action was brought to restrain the defendants from erecting a free bridge across the Mohawk river at Fort Plain, in the county of Montgomery, to the injury of the franchise and property of the plaintiff, and for general relief, it being claimed that the acts of the defendant were unlawful.
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This is an appeal by the plaintiff from a judgment of the supreme court, rendered in favor of the defendant, in the fourth district. The action was brought to restrain the defendants from erecting a free bridge across the Mohawk river at Fort Plain, in the county of Montgomery, to the injury of the franchise and property of the plaintiff, and for general relief, it being claimed that the acts of the defendant were unlawful. After issue joined, the cause was tried by a referee, who gave judgment for the defendants. The leading facts of the case are as follows: In 1827 the plaintiff was…
1Opinion of the CourtMullin, J.
The 6th section of plaintiff’s charter, which prohibited the erection of a bridge within a mile of the plaintiff’s bridge, having been repealed, the plaintiff stands in precisely the same position in reference to the defendants’ bridge, that they would have done if no such prohibition had ever been contained in their charter. The right of the legislature to thus alter and modify the plaintiff’s charter cannot be questioned.
Since the case of The Charles River Bridge v. The Warren Bridge (11 Peters, 420), it has been understood to be the law, that it is competent for the legislature, after…
2Cases cited5 opinions
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Mohawk Bridge Co. v. Utica & Schenectady Rail RoadNew York Court of Chancery · 1837
- Mills v. HallNew York Supreme Court · 1832
- Butler v. KentNew York Supreme Court · 1821
- Harrower v. RitsonNew York Supreme Court · 1861
3Cited by48 opinions
- United States v. CressSupreme Court of the United States · 1917
- Lawton v. . SteeleNew York Court of Appeals · 1890
- MacRum v. HawkinsNew York Court of Appeals · 1933
- Sound Marine & MacHine Corp. v. Westchester CountyCourt of Appeals for the Second Circuit · 1938
- Roe v. . StrongNew York Court of Appeals · 1887
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