Oswego Falls Bridge Co. v. Fish
New York Court of Chancery
This was an appeal from a decree of the vice chancellor of the fifth circuit, dismissing the complainants’ bill with costs. The object of the bill was to restrain the commissioners appointed by the act of April, 1838, to build a free bridge across the Oswego river, between the falls and the north line of the village of Fulton, from proceeding to erect such bridge. The following opinion was delivered by the vice chancellor:
1Opinion of the Court
The Chancellor.
The question whether the commissioners should purchase and repair the bridge of the complainants, or erect a new bridge at some other point on the river, was one which was left by the legislature to the discretion of the commissioners. And this court has no power to control the exercise of that discretion. There is np pretence, in this case, for charging the defendants with a corrupt or dishonest exercise of *549their powers in this respect. The only question, therefore, is whether the legislature had the right to authorize the erection of a free bridge, across the Oswego river, so…
2Cited by3 opinions
- Syracuse Water Co. v. . City of SyracuseNew York Court of Appeals · 1889
- Palmer v. Mayor of New YorkThe Superior Court of New York City · 1853
- In re New York & Harlem RailroadNew York Supreme Court · 1871