From Casetext: Smarter Legal Research

Western N.Y. Pa. Ry. Co. v. City of Buffalo

Court of Appeals of the State of New York
Jan 9, 1947
71 N.E.2d 108 (N.Y. 1947)

Opinion

Argued November 20, 1946

Decided January 9, 1947

Appeal from the Supreme Court, Appellate Division, Fourth Department, VAUGHAN, J.

Fred C. Maloney, Corporation Counsel ( Wortley B. Paul and Gerald J. Shields of counsel), for appellant.

Harold J. Adams, Louis L. Babcock and William G. Conable for respondents.




The validity of the agreements whereby appellant City of Buffalo undertook to bear the expense of repairing the structures here involved can not be questioned. ( Matter of Ward v. Erie R.R. Co., 215 N.Y. 629.) In the light of the settled principle that a statute will not — in the absence of an unequivocal expression of such legislative intent — be given retrospective effect so as to interfere with antecedent rights ( Hastings v. Byllesby Co. [ Granbery], 293 N.Y. 413, 419; see, also, Shielcrawt v. Moffett, 294 N.Y. 180, 189; Jacobus v. Colgate, 217 N.Y. 235, 240), the 1937 amendment (L. 1937, ch. 889) can not be construed as affecting plaintiffs' rights — and defendant's correlative duty — which had accrued many years before. In short, we decide that the Legislature did not disclose an intent that the statute should apply to contracts previously made. We consider no other question.

The judgment should be affirmed, with costs.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ., concur.

Judgment affirmed.


Summaries of

Western N.Y. Pa. Ry. Co. v. City of Buffalo

Court of Appeals of the State of New York
Jan 9, 1947
71 N.E.2d 108 (N.Y. 1947)
Case details for

Western N.Y. Pa. Ry. Co. v. City of Buffalo

Case Details

Full title:WESTERN NEW YORK PENNSYLVANIA RAILWAY COMPANY et al., Respondents, v. CITY…

Court:Court of Appeals of the State of New York

Date published: Jan 9, 1947

Citations

71 N.E.2d 108 (N.Y. 1947)
71 N.E.2d 108

Citing Cases

Saporita v. Delco Corp.

The old version of the statute will be given effect here because the contract was executed before the 1978…

Meyer v. Zimmer

210 App. Div. 812, affd. 240 N.Y. 548). A power not expressly granted by statute is implied only where it is…