Appellate Division of the Supreme Court of New York, 1908

Economic Power & Construction Co. v. City of Buffalo

Economic Power & Construction Co. v. City of Buffalo
Appellate Division of the Supreme Court of New York · Decided September 15, 1908
128 A.D. 883
Economic Power & Construction Co. v. City of Buffalo

Opinion of the Court

Judgment affirmed, with costs. All concurred, except Kruse, J., who dissented upon the ground that the act of the Legislature,* so far as it assumes to grant to a private corporation the use of the public right of the streets and highways of the State, is unconstitutional and void, it being not merely a declaration of the powers of the corporation, but an attempt to confer a valuable property right (People v. O'Brien, 111 N. Y. 1) by private act without expressing the same in the title of said act; Spring, J., not sitting.

See Laws of 1898, chap. 459, ยง 5.โ€” [Rep.

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