Marchant v. Pennsylyania Railroad

Citations

• 153 U.S. 380
• 14 S. Ct. 894
• 38 L. Ed. 751
• 1894 U.S. LEXIS 2191

Syllabus

<p>• When a plaintiff below has the benefit of a full and fair trial in the several courts of his own State, whose jurisdiction he invokes, and where his rights are measured, not by laws made to affect him individually, but by general provisions of law applicable to all in like condition, even if he can be regarded as deprived of his property by an adverse result, the proceedings that so resulted were in “ due process of law,” as that phrase is used in the Fifth and the Fourteenth Amendments to the Constitution of the United States.</p> <p>The leading cases touching the construction of that phrase in the Amendments reviewed.</p> <p>The fact that a railroad company is held liable for damages suffered by a person by reason of the occupation of a public street in a city in front of his premises by an elevated track furnishes no ground for holding it liable to an owner on the other side of the same street but in a different part of it, by reason of the construction of a similar elevated track opposite to him but not on the public street.</p> <p>The construction of an elevated railroad, under laws of the State, on private land abutting on a public street in a city, gives to the owner of land on the opposite side of the street no claim to recover consequential damages for injury inflicted.upon him thereby.</p>