The Fort Plain Bridge Company v. . Solomon Smith, and Others.

Summary

The New York Court of Appeals affirmed the lower court's judgment, holding that the repeal of the charter restriction placed the plaintiff in the same position as if no restriction had ever existed and that the defendants' free bridge did not constitute a public nuisance or infringe the plaintiff's rights. The court reasoned that a legislature may grant a later franchise that impairs an earlier one unless the earlier charter expressly prohibits it, and that a bridge over a non‑navigable stream that does not impede navigation is lawful.