Appellate Division of the Supreme Court of the State of New York September 23, 1908 (Economic Power & Construction Co. v. City of Buffalo)

lead-opinion

PER CURIAM.

Judgment (59 Misc. Rep. 571, 111 N. Y. Supp. 443) affirmed, with costs.

dissent

KRUSE, J.,

dissents upon the ground that the act of the Legislature, so far as it assumes to *1128grant 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