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

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

DecidedMay 4, 1909

StatusPublished

This text of 170 F. 1023 (Lindsley v. Natural Carbonic Gas Co.) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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Bluebook (online)

170 F. 1023, 1909 U.S. App. LEXIS 5563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lindsley-v-natural-carbonic-gas-co-circtsdny-1909.

Opinion

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