Legal Opinion
People Ex Rel. Lehigh Valley Railway Co. v. State Tax Commission
New York Court of Appeals
Decided January 10, 1928PublishedCited by 20 opinions
1Opinion of the Court
Cardozo, Ch. J.
The question in this case is the one left open and undecided in People ex rel. Western N. Y. & Penn. Ry. Co. v. State Tax Commission (244 N. Y. 596). We are to determine “ whether the right to erect a railroad bridge resting on abutments on private property across a stream, the bed of which is in private ownership, even though to some extent the river can be used for navigation, constitutes a special franchise unless the bridge so erected does actually interfere and obstruct the use to which the public could subject the stream.”
The Lehigh Valley Railway Company is the owner of…
2Cases cited28 opinions
- United States v. Chandler-Dunbar Water Power Co.Supreme Court of the United States · 1913
- TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815
- Economy Light & Power Co. v. United StatesSupreme Court of the United States · 1921
- Cummings v. ChicagoSupreme Court of the United States · 1903
- Trustees of the Freeholders & Commonalty of Brookhaven v. SmithNew York Court of Appeals · 1907
23 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- MacRum v. HawkinsNew York Court of Appeals · 1933
- Sound Marine & MacHine Corp. v. Westchester CountyCourt of Appeals for the Second Circuit · 1938
- Adirondack League Club, Inc. v. Sierra ClubNew York Court of Appeals · 1998
- Van Cortlandt v. New York Central RailroadNew York Court of Appeals · 1934
- Friends of Thayer Lake LLC v. BrownNew York Court of Appeals · 2016
15 more not listed; retrieve them via the Exa API.