From Casetext: Smarter Legal Research

Kriete v. New York and Harlem Railroad Company

Court of Appeals of the State of New York
Jun 2, 1903
67 N.E. 1084 (N.Y. 1903)

Opinion

Argued May 21, 1903

Decided June 2, 1903

Ira A. Place and Thomas Emery for appellants.

James C. Bushby and Henry G. Atwater for respondent.


We decide on authority of the Fries Case ( 169 N.Y. 270), and the Muhlker Case ( 173 N.Y. 549), that under the statute requiring the structure complained of the plaintiff has no remedy against this defendant.

The constitutionality of the statute being questioned we hold (1) that it does not violate the State Constitution, (2) that it does not offend against that provision of the 14th amendment of the Federal Constitution providing that a person shall not be deprived of property without due process of law, and (3) that it does not contravene section 10 of article 1 of the Federal Constitution forbidding the impairment of the obligation of a contract.

The judgment should be reversed and the complaint dismissed, without costs.

PARKER, Ch. J., O'BRIEN, HAIGHT, MARTIN, CULLEN and WERNER, JJ., concur; GRAY, J., not sitting.

Judgment reversed, etc.


Summaries of

Kriete v. New York and Harlem Railroad Company

Court of Appeals of the State of New York
Jun 2, 1903
67 N.E. 1084 (N.Y. 1903)
Case details for

Kriete v. New York and Harlem Railroad Company

Case Details

Full title:HEDEWIG KRIETE, Respondent, v . THE NEW YORK AND HARLEM RAILROAD COMPANY…

Court:Court of Appeals of the State of New York

Date published: Jun 2, 1903

Citations

67 N.E. 1084 (N.Y. 1903)
175 N.Y. 484

Citing Cases

Scholz v. New York and Harlem Railroad Company

James C. Bushby and Henry G. Atwater for respondent. Judgment reversed and complaint dismissed, without…

O'Neil v. New York and Harlem Railroad Company

James C. Bushby and Henry G. Atwater for respondents. Judgment reversed and complaint dismissed, without…