Appellate Division of the Supreme Court of the State of New York September 15, 1908 (Economic Power & Construction Co. v. City of Buffalo)

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