New York Court of Appeals

The People Ex Rel. Henry C. Murphy v. John Kelly

March 25, 187976 N.Y. 475

Summary

The Court affirmed the Special Term's denial of a writ of mandamus, holding that Congress may authorize a bridge over navigable waters and its judgment on navigation interference is conclusive; that the 1875 act authorizing the bridge is a permissible city purpose under the state constitution; that the bridge, as built according to the approved plan, does not constitute an unlawful obstruction; and that the city comptroller must pay the trustees when called, even if there are alleged plan deviations or concerns about extravagance. Justice Folger dissented, arguing that the statutory $8,000,000 limit on expenditures is binding and that mandamus should be denied.