People v. . Hudson River Connecting R.R. Corp.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 7, 1919, affirming a judgment in favor of defendant entered upon an order of Special Term overruling a demurrer to separate defenses set up in the answer and directing a dismissal of the complaint. The nature of the action and the facts, so far .as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 7, 1919, affirming a judgment in favor of defendant entered upon an order of Special Term overruling a demurrer to separate defenses set up in the answer and directing a dismissal of the complaint. The nature of the action and the facts, so far .as material, are stated in the opinion. As a proposition of state law alone (disregarding for the moment all Federal legislation) the legislature under its reserved power over corporations had absolute authority to enact chapter 713 of…
1Opinion of the CourtElkus, J.
This action is brought by the state of New York to restrain and enjoin “ a trespass upon lands belonging to The People of the State of New York, lying under the waters of the Hudson river in the counties of Albany and R,ensselaer, and to restrain the erection and construction upon said lands of a purpresture, and a public nuisance,” and to restrain the defendant from constructing a bridge, with two main spans, across the Hudson river.
This controversy is over the kind of bridge to be erected over the Hudson river, a short distance below Albany. The defendant desires to erect a particular…
2Cases cited27 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Gibbons v. OgdenSupreme Court of the United States · 1824
- United States v. Chandler-Dunbar Water Power Co.Supreme Court of the United States · 1913
- Union Bridge Co. v. United StatesSupreme Court of the United States · 1907
- New York Central Railroad Company v. WinfieldSupreme Court of the United States · 1916
22 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- People Ex Rel. Lehigh Valley Railway Co. v. State Tax CommissionNew York Court of Appeals · 1928
- City of Davenport v. Three-Fifths of an Acre of LandDistrict Court, S.D. Illinois · 1957
- Sullivan v. Booth & Flinn, Ltd.Appellate Division of the Supreme Court of the State of New York · 1924
- City of Newark v. Central R. Co.Court of Appeals for the Third Circuit · 1924
- People v. PoveromoSuffolk County District Court · 1972
9 more not listed; retrieve them via the Exa API.