Watson v. New York, Ontario & Western Railway Co.
New York Supreme Court
Each of these actions, which were submitted all together for ■decision, is brought to recover a penalty of $50 for the alleged failure and refusal of the defendant to issue a thousand-mile mileage book as required by statute-. In the first two actions the alleged offense of the defendant is predicated upon its refusal to sell to plaintiff such mileage book unless he subscribed his name upon a page printed therein containing certain rules and regulations, and which he…
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Each of these actions, which were submitted all together for ■decision, is brought to recover a penalty of $50 for the alleged failure and refusal of the defendant to issue a thousand-mile mileage book as required by statute-. In the first two actions the alleged offense of the defendant is predicated upon its refusal to sell to plaintiff such mileage book unless he subscribed his name upon a page printed therein containing certain rules and regulations, and which he declined to do. In the last action plaintiff made with great particularity a demand for a certain kind of mileage book and with…
1Opinion of the CourtHiscock, J.
No evidence was produced indicating the circumstances under which. plaintiff made application for the mileage-books upon the occasions in question, or that he really, in good faith, desired to purchase them. While not specifically set forth, in the stipulations submitted, the statements of counsel on the submission of these cases and the numbers of the cases themselves seem to indicate that there are several others of a similar character pending by the same plaintiff, against the same defendant, and I am rather led to the conclusion that plaintiff has been- more solicitous-to build up causes…
2Cases cited2 opinions
- Fisher v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1871
- Trolan v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1898