Lindsley v. Natural Carbonic Gas Co.

U.S. Circuit Court for the District of Southern New York

Lindsley v. Natural Carbonic Gas Co.

170 F. 1023, 1909 U.S. App. LEXIS 5563

U.S. Circuit Court for the District of Southern New York·Decided May 4, 1909·Published

Opinion

LACOMBE, Circuit Judge.

The question whether or not this statute (chapter 429, p. 1221, Laws N. X. 1908) is constitutional depends upon the power and authority which the owner of land in this state possesses and may exercise over what lies beneath its surface. In view of the recent deliverance of the Court of Appeals on that proposition (Hathorn v. Natural Carbonic Gas Co., 194 N. Y. 326, 87 N. E. 504), the demurrer to the bill is sustained.

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LACOMBE, Circuit Judge.

The question whether or not this statute (chapter 429, p. 1221, Laws N. X. 1908) is constitutional depends upon the power and authority which the owner of land in this state possesses and may exercise over what lies beneath its surface. In view of the recent deliverance of the Court of Appeals on that proposition (Hathorn v. Natural Carbonic Gas Co., 194 N. Y. 326, 87 N. E. 504), the demurrer to the bill is sustained.

Lindsley v. Natural Carbonic Gas Co., 170 F. 1023, 1909 U.S. App. LEXIS 5563 (circtsdny 1909).

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Opinion

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