Beardsley v. New York, Lake Erie & Western Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 2, 1897, affirming a judgment in favor of the plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 2, 1897, affirming a judgment in favor of the plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The Mileage Book Act is unconstitutional and void because it deprives the defendants of their property and liberty of contract without due process of law, and also deprives them of the equal protection of the laws, in violation of article 14, section 1, of the Federal…
1Opinion of the CourtCullen, J.
This action was brought to recover the sum of $50 prescribed by chapter 1027 of the Laws of 1895,, entitled “ An act in relation to the issue of mileage boobs by railroad corporations,” as a penalty for the defendants’ refusal to issue to plaintiff a mileage book entitling the holder to-travel one thousand miles on the lines of their road, as directed by that statute. The complaint alleged the incorporation of the defendant railroad company; that on July 25th, 1893, the-individual defendants were appointed receivers of the defendant corporation, and have ever since continued to operate its.…
2Cases cited8 opinions
- Lake Shore & Michigan Southern Railway Co. v. SmithSupreme Court of the United States · 1899
- De Barante v. . DeyermandNew York Court of Appeals · 1869
- Ringgold v. Haven & LivingstonCalifornia Supreme Court · 1850
- Wellington v. ClaasonNew York Supreme Court · 1859
- Champenois v. WhiteNew York Supreme Court · 1828
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3Cited by3 opinions
- Boston & Maine Railroad v. StateSupreme Court of New Hampshire · 1915
- State v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1914
- Chicago, R. I. & P. Ry. Co. v. KetchumDistrict Court, S.D. Iowa · 1913