Minor v. . Erie R.R. Co.
New York Court of Appeals
Appeal from a judgment entered June 5, 1902, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and directing judgment for plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment entered June 5, 1902, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and directing judgment for plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion. The Mileage Book Acts of the State of Eew York are unconstitutional and void under both state and United States Constitutions. (Beardsley v. N. Y., L. E. & W. R. R. Co., 162 N. Y. 230; Purdy v. E. R. R. Co., 162 N. Y.…
1Opinion of the Court
Parker, Ch. J.
In Beardsley v. N. Y., L. E. & W. R. R. Co. (162 N. Y. 230), in obedience to the decision of the Supreme Court of the United States in Lake Shore & M. S. Ry. Co. v. Smith (173 U. S. 684), we held that the Mileage Book Act (Chapter 1027 of the Laws of 1895, as amended by chapter 835 of the Laws of 1896), in so far as it purported to affect the rights of the defendants as receivers of a railroad corporation existing at the time of its enactment, offended against that part of the Constitution of the United States which forbids the taking of property without due process of law, and,…
2Cases cited5 opinions
- Lake Shore & Michigan Southern Railway Co. v. SmithSupreme Court of the United States · 1899
- Coosaw Mining Co. v. South CarolinaSupreme Court of the United States · 1892
- People Ex Rel. Schurz v. CookSupreme Court of the United States · 1893
- Purdy v. . Erie R.R. Co.New York Court of Appeals · 1900
- People Ex Rel. Schurz v. . CookNew York Court of Appeals · 1888
3Cited by14 opinions
- Locker v. . American Tobacco CompanyNew York Court of Appeals · 1909
- Long Acre Electric Light & Power Co. v. Consolidated Telegraph & Electrical Subway Co.New York Court of Appeals · 1907
- People ex rel. Third Avenue Railway Co. v. Public Service CommissionNew York Court of Appeals · 1911
- Parish v. . Ulster Delaware R.R. Co.New York Court of Appeals · 1908
- O'Reilly v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904
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