Barney v. City of New York
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF, THE .UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was a bill to enjoin the city of New York, the Board of Rapid Transit Commissioners for NeW York, John B. McDonald and the administratrix of Shaler, deceased, from-proceeding with the construction of the rapid transit railroad tunnel under Park avenue, New York, adjacent to the premises of Charles T. Barney, “until the easements appurtenant thereto shall have been acquired…
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APPEAL FROM THE CIRCUIT COURT OF, THE .UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was a bill to enjoin the city of New York, the Board of Rapid Transit Commissioners for NeW York, John B. McDonald and the administratrix of Shaler, deceased, from-proceeding with the construction of the rapid transit railroad tunnel under Park avenue, New York, adjacent to the premises of Charles T. Barney, “until the easements appurtenant thereto shall have been acquired according to law and due compensation made therefor to complainant;” and from constructing such railroad otherwise than in…
1Opinion of the CourtChief Justice Fuller
The jurisdiction of the Circuit Court was invoked upon the ground that by the tunnel.construction sought to be^ enjoined, complainant was deprived of his property without due process of law, in violation of the Fourteenth Amendment. But that amendment prohibits deprivation by a State, and here- the bill alleged that what was done was without authority and illegal'.
The city acts through the Rapid Transit Board, which possesses the powers specifically vested. It is empowered to prescribe the routes and general plan of any proposed rapid transit railroad within the city, and every such plan must…
2Cases cited11 opinions
- Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
- Ex Parte VirginiaSupreme Court of the United States · 1880
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
- Virginia v. RivesSupreme Court of the United States · 1880
- Fitts v. McGheeSupreme Court of the United States · 1899
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3Cited by115 opinions
- Snowden v. HughesSupreme Court of the United States · 1944
- United States v. RainesSupreme Court of the United States · 1960
- John Russell Webster, Cross-Appellants v. The City of Houston, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1984
- Siler v. Louisville & Nashville RailroadSupreme Court of the United States · 1909
- Betty J. Archie v. City of Racine, Ronald W. Chiapete, and George W. GieseCourt of Appeals for the Seventh Circuit · 1988
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