Criminal Law · MBE-tested

Economic Power and Construction Company, Respondent, v. The City of Buffalo and Others, Appellants

128 A.D. 883·New York Supreme Court, Appellate Division·1908·NY

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Opinion

Fourth Department, September, 1908. Economic Power and Construction Company, Respondent, v. The City of Buffalo and Others, Appellants. [MAJORITY] 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, § 5.— [Rep.