Kappes v. New York City Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment in favor of the defendant, rendered in the Municipal Court of the city of hTew York, seventh district, borough of Manhattan*
1Opinion of the Court
Pee Curiam.
Plaintiff sued to recover a penalty of fifty dollars under section 104 of the Railroad Law for refusal to give a transfer. Except for certain admissions made by the defendant, the plaintiff’s case rested upon his own testimony. The defendant moved to dismiss the complaint on the ground that the plaintiff had failed to establish a cause of action. This motion was granted, and judgment for ten dollars costs was rendered against the plaintiff and in favor of the defendant. We must conclude from this record that the learned trial justice refused to believe the plaintiff, and on that…
2Cases cited2 opinions
- Hull v. . LittauerNew York Court of Appeals · 1900
- Littlefield v. LawrenceAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by7 opinions
- Gebby v. CarrilloNew Mexico Supreme Court · 1918
- Gruber v. New York City Railway Co.New York Supreme Court · 1907
- Bolster v. New York City RailwayNew York Supreme Court · 1908
- Madden v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1906
- Griffin v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1906
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