New York Court of Appeals

The People v. Kerr

June 5, 186327 N.Y. 188

Summary

The Court affirmed the lower court's dismissal, holding that streets acquired by the City of New York are held in trust for the public and not private property, so their use for a city railroad is a public use that does not require compensation. The statute authorizing the railroad was deemed constitutional despite the lack of a two‑thirds legislative vote. A concurring opinion agreed with the result but emphasized the constitutional takings analysis.