
    Fourth Department,
    September, 1908.
    Economic Power and Construction Company, Respondent, v. The City of Buffalo and Others, Appellants.
   Judgment affirmed, with costs. All concurred, except Kruse, J., who dissented upon the ground that the act of the Legislature, so far as it assumes to grant to a private corporation the use of the public right of the streets and highways of the State, is unconstitutional and void, it being not merely a declaration of the powers of the corporation, but an attempt to confer a valuable property right (People v. O'Brien, 111 N. Y. 1) by private act without expressing the same in the title of said act; Spring, J., not sitting. 
      
      See Laws of 1898, chap. 459, § 5.— [Rep.
     