Ryan v. City of New York
Appellate Division of the Supreme Court of the State of New York
O’Brien and Laughlin, JJ., dissented. Appeal by the plaintiff, Pierce Ryan, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 5th day of August, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining a demurrer to the amended complaint. The facts and the nature of the action are stated in the dissenting opinion of Laughlin, J.
1Opinion of the Court
McLaughlin, J.:
The real question presented on this appeal is whether section 3 of the Labor Law, so called (Laws of 1897, chap. 415, as amd. by Laws of 1899, chap. 567), is constitutional; and this question I do not think is an open one for consideration in this court. The Court of Appeals in People ex rel. Podgers v. Coler (166 N. Y. 1) declared that this statute was unconstitutional, and that settled once for all that question. It is, however, suggested that that decision is not binding upon this court, inasmuch as it was not necessary to the determination of the question there presented.…
2Cases cited5 opinions
- People Ex Rel. Rodgers v. . ColerNew York Court of Appeals · 1901
- People Ex Rel. North v. . FeatherstonhaughNew York Court of Appeals · 1902
- People Ex Rel. Treat v. . ColerNew York Court of Appeals · 1901
- People Ex Rel. Lentilhon v. . ColerNew York Court of Appeals · 1901
- Meyers v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1901
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- Garofano Construction Co. v. City of New YorkAppellate Terms of the Supreme Court of New York · 1943