Harkow v. New York City Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph H. Harkow, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the defendant, rendered on the 25th day of January, 1907.
1Opinion of the Court
Jenks, J.:
In Griffin v. Interurban St. R. Co. (179 N. Y. 438) the court say (p. 449) : “ A sound public policy requires that only one penalty should be recovered in a single action, and that the institution of an action for a penalty is to be regarded as a waiver of all previous penalties incurred.” This action is to recover a- penalty under section 104 of the Railroad Law* for refusal to give a transfer ticket. The parties denominate it as action Ho. 16. The Municipal Court judge dismissed the plaintiff on the ground that his action was barred by the institution of his action Ho. 17. The…
2Cases cited4 opinions
- Sturgis v. . SpoffordNew York Court of Appeals · 1871
- Griffin v. Interurban Street Railway Co.New York Court of Appeals · 1904
- Clare v. . LockardNew York Court of Appeals · 1890
- Gough v. McFallAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by5 opinions
- Murphy v. Serial Federal Savings & Loan Ass'nCity of New York Municipal Court · 1961
- Godfrey v. ErrettAppellate Terms of the Supreme Court of New York · 1909
- Harkow v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Harkow v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Harrow v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907