Legal Opinion

McQuade v. Trenton

Supreme Court of the United States

Decided January 30, 1899No. 125PublishedCited by 2 opinions

ERROR TO THE COURT OF ERRORS AND APPEALS OF THE STATE OF NEW JERSEY. This was a bill in equity filed in the Court of Chanoeiy of the State of New Jersey by the inhabitants of the city of Trenton against John McQuade, to enjoin him from interfering with the relaying of a certain pavement, and the resetting of the curb and gutter in front of his premises, in the city of Trenton.

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ERROR TO THE COURT OF ERRORS AND APPEALS OF THE STATE OF NEW JERSEY. This was a bill in equity filed in the Court of Chanoeiy of the State of New Jersey by the inhabitants of the city of Trenton against John McQuade, to enjoin him from interfering with the relaying of a certain pavement, and the resetting of the curb and gutter in front of his premises, in the city of Trenton. The bill averred, in substance, that a change of grade on the street in front of the premises of the defendant was made by a city ordinance, at the special request of the Pennsylvania Railroad Company, upon an agreement…

1Opinion of the CourtJustice Brown

The principal contention of the plaintiff in error (the defendant below) is that, as he had never been compensated in damages for the injury to his property by altering the grade of the street in front of his lot, he had a right to abate the nuisance caused by the proposed changes, and that in the refusal of the state court to recognize this principle he had been deprived of his property without due process of law within the meaning of the Fourteenth Amendment to the Federal Constitution. But no such question was raised in the pleadings, unless the allegation of the answer that the plaintiffs…

2Cases cited5 opinions

  1. Kaukauna Water Power Co. v. Green Bay & Mississippi Canal Co.Supreme Court of the United States · 1891
  2. Chicago Life Insurance v. NeedlesSupreme Court of the United States · 1885
  3. Bacon v. TexasSupreme Court of the United States · 1896
  4. Eureka Lake & Yuba Canal Co. v. Superior CourtSupreme Court of the United States · 1886
  5. Harrison v. MortonSupreme Court of the United States · 1898

3Cited by2 opinions

  1. Allen v. Southern Pacific RailroadSupreme Court of the United States · 1899
  2. Louis K. Liggett Co. v. LeeSupreme Court of the United States · 1933

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