Matter of Burns
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 19, 1897, reversing an order of Special Term appointing commissioners to assess damages under chapter 338 of the Laws of 1896. The facts, so far as material, are stated in the opinion. The act does not assume to take private property for private use.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 19, 1897, reversing an order of Special Term appointing commissioners to assess damages under chapter 338 of the Laws of 1896. The facts, so far as material, are stated in the opinion. The act does not assume to take private property for private use. (L. 1894, ch. 176; People ex rel. v. Smith, 21 N. Y. 595; Heyward v. Mayor, etc., 7 N. Y. 324; Matter of Townsend, 39 N. Y. 174; B. P. Comrs. v. Armstrong, 45 N. Y. 243; Matter of Fowler, 53 N. Y. 62; 66 N. Y. 572.) The act is…
1Opinion of the CourtO’Brien, J.
The only question involved in this appeal is whether the statute (Oh. 338, Laws of 1896) is a valid law. The court below has held it to be invalid because in conflict with the Constitution of the state. A case which presents the question of the validity of an act of the legislature is always important in itself, but this case derives additional importance from the fact that, incidentally, the decision involves the validity of numerous other statutes of the same character.
The title of the act is “ An act declaring ‘ Boaring brook,’ in the town of Martinsburgli, in the county of Lewis, a public…
2Cases cited7 opinions
- Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
- In Re Niagara Falls & Whirlpool Railway Co.New York Court of Appeals · 1888
- People Ex Rel. Herrick v. SmithNew York Court of Appeals · 1860
- Pocantico Water Works Co. v. BirdNew York Court of Appeals · 1891
- In the Matter of William A. FowlerNew York Court of Appeals · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Matter of FayNew York Court of Appeals · 1943
- Matter of HennebergerNew York Court of Appeals · 1898
- Brown v. Road CommissionersSupreme Court of North Carolina · 1917
- Grice v. Clearwater Timber Co.Idaho Supreme Court · 1911
- Oregon Short Line R. R. Co. v. PfostIdaho Supreme Court · 1933
22 more not listed; retrieve them via the Exa API.