Stewart Browne, Respondent v. the City of New York, Appellants; William J. Schieffelin, Respondent, v…

Summary

The New York Court of Appeals affirmed the lower courts' injunction against the City of New York, holding that the 1923 amendment of Article XII of the State Constitution was regular and valid and that the City Home Rule Law was properly enacted. However, the Court found that neither the amended constitutional article nor the Home Rule Law authorizes the city to operate municipal bus lines as a common carrier. The Court therefore affirmed the injunction. Justice Crane, in a concurring opinion, agreed with the validity of the amendment but emphasized that sections 24 and 25 of the Transportation Corporations Law bar the city from superseding general statutes.