Legal Opinion

In re Delaware & Hudson Canal Co.

New York County Courts

Decided December 15, 1889Published

Petition by the Delaware & Hudson Canal Company and 38 others, under Laws N. Y". 1883, c. 298, tit. 11, as amended by Laws N. Y. 1887, e. 242, to vacate an assessment levied by the city of Albany for improving South Pearl street, a public street in that city. Laws N. Y. 1871, c. 536, § 4, adds § 19 to tit. 6, c. 77, Laws 1870.

1Opinion of the CourtNott, J.

By the act of 1870, (chapter 139, Laws 1870,) the southern boundary of the city of Albany was extended about half a mile. It included a portion of the Kenwood road, a public highway in the town of Bethlehem, which was a continuation of South Pearl street, in this city. The road within the city was named by the city authorities “South Pearl Street.” This portion of the street was unpaved. By chapter 290 of the Laws of 1880 it was provided (section 1) that “whenever the city of Albany shall have, pursuant to the laws of the state of New York and the ordinances of said city having reference…

2Cases cited26 opinions

  1. Stuart v. . PalmerNew York Court of Appeals · 1878
  2. Corporation of Brick Presbyterian Church v. Mayor of New YorkNew York Supreme Court · 1826
  3. Billings v. HallCalifornia Supreme Court · 1857
  4. Moore v. . City of AlbanyNew York Court of Appeals · 1885
  5. Mulligan v. SmithCalifornia Supreme Court · 1881

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