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LUXTON V. NORTH RIVER BRIDGE CO., 153 U. S. 525 (1894)

U.S. Supreme Court

Luxton v. North River Bridge Co., 153 U.S. 525 (1894)

Luxton v. North River Bridge Company

No. 1040

Submitted January 5, 1894

Decided May 14, 1894

153 U.S. 525


Congress, under the power to regulate commerce among the states, may create a corporation to build a bridge across navigable water between two states, and to take private lands for the purpose, making just compensation.

The Act of July 11, 1890, c. 669, to incorporate the North River Bridge Company, and to authorize the construction of a bridge across the Hudson River between the States of New York and New Jersey, is constitutional.

This was a petition by the North River Bridge Company, incorporated by the Act of Congress of July 11, 1890, c. 669 (the material part of which is copied in the margin *) for the

Page 153 U. S. 526

appointment under that act of commissioners to assess damages for the appropriation and condemnation, for the approaches to

Page 153 U. S. 527

its bridge across the Hudson or North River, between the States of New York and New Jersey, of land of Sarah Luxton

Page 153 U. S. 528

in the city of Hoboken and the County of Hudson in the latter state. Upon the order of the circuit court appointing commissioners, she sued out a writ of error, which was dismissed by this Court at the last term because that order was not a final judgment. 147 U. S. 147 U.S. 337. The commissioners afterwards made an award and report, assessing her damages at the sum of $2,000, to the acceptance of which she objected upon the ground that the act of Congress was unconstitutional, and particularly that Congress could not confer the right of eminent domain upon the company. But the court overruled the objection, and adjudged that the award be approved and confirmed and remain of record in the office of its clerk, and that, upon payment or tender of the sum awarded, the company might enter upon and take possession of the land for the purpose for which it was condemned. She thereupon sued out this writ of error.

Page 153 U. S. 529

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