-
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.
Document Info
Citation Numbers: 170 F. 1023
Judges: Lacombe
Filed Date: 5/4/1909
Precedential Status: Precedential
Modified Date: 11/26/2022