Dempsey v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from an interlocutory judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 23, 1895, which affirmed an interlocutory judgment in favor of plaintiff entered upon an order of Special Term overruling a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an interlocutory judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 23, 1895, which affirmed an interlocutory judgment in favor of plaintiff entered upon an order of Special Term overruling a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff is not entitled to enforce so much of the contract as is in issue, because in so doing the parties would violate article 13, section 5 of the State Constitution. (Laws of 1890, chap. 565, § 58 ;…
1Opinion of the CourtBartlett, J.
This is an appeal from an interlocutory judgment of the General Term, fourth department, affirming an interlocutory judgment of the Special Term overruling a demurrer to the complaint.
The plaintiff seeks in this action to compel the defendant to issue to him for the year 1895 an annual pass upon its railroad in pursuance of a contract to that effect; also to recover damages suffered by reason of the breach of the contract.
The defendant demurred to the complaint as not stating facts sufficient to constitute a cause of action, its contention *292being that the plaintiff is a public officer and that…
2Cases cited4 opinions
- The People Ex Rel. Kelly v. . Common CouncilNew York Court of Appeals · 1879
- People v. . RathboneNew York Court of Appeals · 1895
- Rowland v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1880
- Smith v. . the New York Central Railroad CompanyNew York Court of Appeals · 1862
3Cited by9 opinions
- National Labor Relations Board v. Jones & Laughlin Steel Corp.Supreme Court of the United States · 1947
- State v. SoberSupreme Court of Connecticut · 1974
- National Labor Relations Board v. Jones & Laughlin Steel Corp.Court of Appeals for the Sixth Circuit · 1946
- Oklahoma City v. Oklahoma Ry. Co.Supreme Court of Oklahoma · 1907
- Merola v. National Railroad Passenger Corp.District Court, S.D. New York · 1988
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