Parker v. Elmira, Cortland & Northern Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph Parker, from a judgment of the Supreme Court, in favor of the defendant, entered in the office of the clerk of the county of Tompkins on the 13th day of February, 1896, upon the decision of the court dismissing the complaint rendered after a trial before the court without a jury at the Tompkins Circuit.
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Appeal by the plaintiff, Joseph Parker, from a judgment of the Supreme Court, in favor of the defendant, entered in the office of the clerk of the county of Tompkins on the 13th day of February, 1896, upon the decision of the court dismissing the complaint rendered after a trial before the court without a jury at the Tompkins Circuit. The action was brought to recover fifty dollars and seven cents, a penalty of fifty dollars and seven cents overcharge, under section 89 of the Railroad Law (Chap. 565, Laws of 1890,. as.amended by chap. 676 of the Laws of 1892) which provides : “ Any railroad…
1Opinion of the Court
Landon, J.:
It is true that in the list of acts declared repealed by the Railroad Law of 1890, chapter 594, Laws 1872, under which the ■ defendant charged the plaintiff four cents per mile, is not found. In Beardsley v. N. Y., L. Erie & W. R. R. Co. (15 App. Div. 251) we reached the conclusion “ that it was the intent of the Legislature to include within the classification of section 37 every railroad corporation except the New York Central, and prescribe the only rule or rules which should govern the entire subject.” In addition to what was there said, it may be remarked that the act of 1890…
2Cases cited1 opinion
- Beardsley v. New York, Lake Erie & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- Weed v. Common CouncilNew York Supreme Court · 1899
- Goodspeed v. Ithaca Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Goodspeed v. Ithaca Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903