Johnston v. New York City Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of New York, second district, borough of The Bronx.
1DissentSeabury, J.
This is an action to recover a penalty of fifty dollars, together with an excess fare of five cents, under section 104 of the Railroad Law, because of the refusal of the defendant to give a transfer, under sections 101 and 39 of the Railroad Law. The fact that the defendant refused the plaintiff a transfer on November 16, 1905, *206was conclusively proven upon the trial; and that the defendant committed this wrongful act was not even denied by any witness called on its behalf. The plaintiff was fully cross-examined and admitted that he had brought other actions of this nature against this…
2Cases cited2 opinions
- Nicholson v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Johnston v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1907