Bull v. New York City Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York City Bail way Company, from a judgment of the Municipal Court of the city of New York, borough of Bichmond, in favor of the plaintiff, rendered on the 17th day of April, 1906.
1DissentGaynor, J.
It is claimed that the plaintiff cannot recover because he was traveling between the two points for the purpose of seeing if the defendant complied with tlie statute by carrying passengers for one fare and giving them transfer tickets, and with intention to sue for the penalty if it did not. We. have a controlling decision of out highest court to the contrary (Fisher v. N. Y. C. & H. R. R. R. Co., 46 n. Y. 644). It was there held that the fact that the plaintiff was a passenger only for the purpose of paying the excessive fare which the company was charging, and then suing ,it for the…
2Cases cited1 opinion
- Myers v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1896