Packard v. Banton, 264 U.S. 140 (1924)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Packard v. Banton, 264 U.S. 140 (1924)
Packard v. Banton No. 126 Argued January 2, 1924 Decided February 18, 1924 264 U.S. 140
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF NEW YORK
Syllabus
1. The amount in controversy in a suit to enjoin enforcement of a statute alleged to be unconstitutional in relation to the plaintiff’s business is the value of his right to carry on the business free from the restraint of the statute. P. 142.
2. When prevention of criminal prosecutions under an unconstitutional statute is essential to protect property rights, equitable jurisdiction exists to restrain them. P. 143.
3. A New York statute requires persons engaged in the business of carrying passengers for hire in motor vehicles upon public streets to file security or insurance for payment of judgments for death, or injury to person or property, caused in the operation or by defective construction of such motor vehicles.
Held:
(a) Not in violation of equal protection of the laws either because it applies only in cities of the first class or because it does not apply to persons operating motor vehicles for their own private ends, or because it does not apply to street cars and omnibuses, which are regulated under another law. P. 143.
(b) Not so burdensome in this case as to amount to confiscation, in violation of due process of law, in view of the opportunity allowed to file a corporate or personal bond if the cost of insurance be excessive compared with the returns from plaintiff’s business. P. 145.
(c) Inability of a party to comply with the statute without assuming an excessive burden does not render the requirement unconstitutional if due to his peculiar circumstances. Id.
4. The regulatory power over an activity carried on by government sufferance or permission is greater than over one engaged in by private right. Id.
Affirmed.
Appeal from a decree of the district court, which dismissed a bill to enjoin enforcement of a New York statute regulating carriers of passengers for hire by motor vehicle.
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Chicago: U.S. Supreme Court, "Syllabus," Packard v. Banton, 264 U.S. 140 (1924) in 264 U.S. 140 264 U.S. 141. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=HC41CQSE5A3UEQF.
MLA: U.S. Supreme Court. "Syllabus." Packard v. Banton, 264 U.S. 140 (1924), in 264 U.S. 140, page 264 U.S. 141. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=HC41CQSE5A3UEQF.
Harvard: U.S. Supreme Court, 'Syllabus' in Packard v. Banton, 264 U.S. 140 (1924). cited in 1924, 264 U.S. 140, pp.264 U.S. 141. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=HC41CQSE5A3UEQF.
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