The Buffalo Union Iron Works, Appellant, v. The City of Buffalo, Respondent

The Buffalo Union Iron Works, Appellant, v. The City of Buffalo, Respondent. (Argued February 12, 1872; decided February 20, 1872.) Action to have an assessment made by defendant, for the purpose of removing obstructions from Buffalo creek, declared illegal, and to restrain defendant from collecting. On the 17th of April, 1857, the legislature passed an act authorizing the common council of the city of Buffalo to dredge and clear obstructions from said creek, and to cause at least one-half the expense to be assessed upon the property benefited. The creek was obstructed by the sunken hulls of a steamer and two canal boats. In pursuance of the statute of the city charter, the common council took proceedings to remove these obstructions, and assessed one-half of the expense upon the property benefited, and, among others, upon the plaintiff. Plaintiff claimed that defendant had no power to assess the expense upon the property, because the obstruction was a permanent one, and a public nuisance; also, that defendant did the acts which created the obstructions. Held, the objections were untenable, and defendant had full power. G. Wadsworth for appellant. B. H. Williams for respondent. [MAJORITY] Agree to affirm on Judge Verplanck’s opinion.