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249 N.Y. 436

164 N.E 342

Hesse v. Rath

New York Court of Appeals

Decided December 7, 1928

New York Court of Appeals · decided 1928-12-07

Key passage — most relied on by later courts

“Aviation is today an established method of transportation. The future, even the near future, will make it still more general. The city that is without the foresight to build the ports for the new traffic may soon be left behind in the race of competition.”

quoted by 1 later decision, including Turner v. . Reidsville

Relies on Sun Printing & Publishing Ass'n v. Mayor of New York

Good law ✅— No negative treatment on recordhow we know

Decided 1928-12-07

How this case has been cited

Cited by 83 later decisions — most recently August 2014 · most notably Arverne Bay Construction Co. v. Thatcher (1938), Alabama Mills, Inc. v. Smith (1939)

17 federal appellate · 4 district · 55 state decisions — followed in 23 states

2201928193019401950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Cardozo, Ch. J.

¶1 A statute (L. 1928, ch. 647, amending General Municipal Law, Consol. Laws, ch. 24) authorizes the cities of this State to establish, construct, equip, maintain and operate airports or landing fields for aeroplanes and other aircraft. The local legislative body may regulate the use and establish fees or charges.

¶2 The city of Utica, acting under this statute, has contracted to buy 295 acres of land to be used as an airport, and has authorized its officers to issue its corporate bonds in the sum of $120,000 to pay the purchase price.

¶3*438 The Constitution of New York (Article VIII, § 10) provides that no city shall be allowed to incur any indebtedness except for city purposes.

¶4 Plaintiff argues that the acquisition of an airport or landing field is not a city purpose, even if a public one, and that the bonds, if issued, will be void.

¶5 We think the purpose to be served is both public and municipal.

¶6 A city acts for city purposes when it builds a dock or a bridge or a street or a subway (Sun P. & P. Assn. v. Mayor, 152 N. Y. 257). Its purpose is not different when it builds an airport (City of Wichita v. Clapp, 125 Kans. 100). Aviation is today an established method of transportation. The future, even the near future, will make it still more general. The city that is without the foresight to build the ports for the new traffic may soon be left behind in the race of competition. Chalcedon was called the city of the blind, because its founders rejected the nobler site of Byzantium lying at their feet. The need for vision of the future in the governance of cities has not lessened with the years. The dweller within the gates, even more than the stranger from afar, will pay the price of blindness.

¶7 The judgment should be affirmed, with costs.

¶8 Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ., concur.

¶9 Judgment affirmed.

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