 | 1915 - 1242 pages
...tlic public. It has consequently been held that railroads, canals, turnpikes, ferries, sewers, and gas and water companies are for a public use, and...of many," or 'by the public,' but it may be limited 150 NYS— « to the inhabitants of a small or restricted locality ; but the use must be in common... | |
 | New York (State). Courts - 1901 - 974 pages
...prevent condemnation. In the case of Pocantico Water Works Co. v. Bird, 130 NY 249, the court says : " It is doubtless true that in order to make the use...property to furnish the public with the use intended." And again, " The contract (with the municipality ) does not of itself make the use public, but it does... | |
 | Abraham Clark Freeman - 1893 - 1056 pages
...done in the name of a corporation: Little Roclcetc. BR Co. v. Woodm/, 49 Ark. 381; 4 Am. St. Rep. 51. In order to make the use public, a duty must devolve upon the person or corporation to furnish the public with the use intended: Pocantiro Water etc. Co. v. Bird,... | |
 | 1894 - 260 pages
...a form of "duress of goods." (US Rev. St. § 3011). P. 79. In cases of Eminent Domain it is a rule that, in order to make the use "public," a duty must devolve upon the person or corporation exercising the right, to furnish the public with the use intended. This use may... | |
 | 1895 - 1250 pages
...term 'public use,' as used in connection with the rightof eminent domain, is not easily deliued. * * * It is doubtless true that, In order to make the use...with the use intended. The term Implies 'the use of the many' or 'by the public'; but it may be limited to the inhabitants of a small or restricted locality,... | |
 | Abraham Clark Freeman - 1896 - 1024 pages
...term 'public use,' as used in connection with the right of eminent domain, is not easily defined It ia doubtless true that, in order to make the use public,...but it may be limited to the inhabitants of a small or restricted locality, but the use must be in common, and not for a particular individual." It has... | |
 | Abraham Clark Freeman - 1896 - 1018 pages
..."The term 'public use/ as used in connection with the right of eminent domain, is not easily defined It is doubtless true that, in order to make the use...use intended. The term implies 'the use of many,' or Tjy the public,' but it may be limited to the inhabitants of a small or restricted locality, but the... | |
 | 1898 - 1130 pages
...solely by motives of private gain, if the use to be made thereof is for the benefit of the public. * * * It is doubtless true that, in order to make the use...public,' but it may be limited to the inhabitants of n small or restricted locality, and the use must be in common, and nota particular individual." It... | |
 | California. Supreme Court - 1913 - 950 pages
...[9 LRA 195, 20 Atl. 109] ; Ryerson v. Brown, 35 Mich. 333, [24 Am. Rep. 564].) The term "public use" "implies 'the use of many' or 'by the public,' but it may be limited to the inhabitants of a small or restricted locality, but the use must be in common and not for a particular individual." (Pocantico... | |
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It ia doubtless true that, in order to make the use public, a duty must devolve upon the persons or corporation holding the property to furnish the public with the use intended. The term implies 'the use of many, 
