Fox v. Interurban Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court. Action by De Witt Fox, an infant, by Charles R. Fox, his guardian ad litem, against the Interurban Street Railway Company. From a judgment for defendant, plaintiff appeals. Reversed.
1Opinion of the CourtGreenbaum, J.
The plaintiff, by his guardian ad litem, brought this action to recover a penalty of $50 under the provisions of sections 39, 101, and 104 of the railroad law (chapter 565, p. 1082, Laws 1890, as amended Laws 1892, pp. 1405, 1406, c. 676), for an alleged refusal of a transfer from one line of railway operated by defendant to another line, also operated by it.
At the opening of the trial, and without taking any testimony, the complaint was dismissed by the court, upon defendant’s motion that “the plaintiff, being an infant, was not the proper party to bring the action, but that as the father or…
2Cases cited2 opinions
- Shute v. DorrNew York Supreme Court · 1830
- Gray v. DurlandNew York Supreme Court · 1867
3Cited by2 opinions
- Carpenter v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1905
- Coyle v. Interurban Street Railways Co.Appellate Terms of the Supreme Court of New York · 1904