People v. . Brooklyn Heights R.R. Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered October 2, 1906, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the answer. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered October 2, 1906, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the answer. The nature of the action and the facts, so far as material, are stated in the opinion. The following questions were certified : “ 1. Does the plaintiff’s complaint state facts sufficient to constitute a cause of action ? 0 2. If the complaint states facts sufficient to constitute a cause of action, is the first defense of the defendant’s answer sufficient in…
1Opinion of the CourtHaight, J.
This action was brought to restrain the defendant from collecting more than one fare of five cents for a continuous ride over certain railroads operated by it within the city of Rew York. It appears from the allegations of the complaint that the defendant was incorporated as a street surface railroad in 1887, under and pursuant to chapter 252 of the Laws of 1884, and that it constructed and continues to own and operate a street surface railroad the entire length of Montague street in the city of Brooklyn ; that under and pursuant to various leases and contracts it lias acquired the right to…
2Cases cited2 opinions
- Griffin v. Interurban Street Railway Co.New York Court of Appeals · 1904
- O'Reilly v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
3Cited by4 opinions
- Braffett v. Brooklyn, Queens County & Suburban RailroadNew York Court of Appeals · 1912
- Munro v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1909
- Wixted v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1907
- Wixted v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1907