Kelly v. . New York City Railway Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 24, 1907, which reversed an order of the Appellate Term reversing a judgment in favor of defendant entered upon a decision of the Municipal Court of the city of New York. The nature of the action and the facts, so far as material, are stated in the opinion. No limit direction can be inferred from section 104 of the Railroad Law. (Wells v. N. Y. City Ry.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 24, 1907, which reversed an order of the Appellate Term reversing a judgment in favor of defendant entered upon a decision of the Municipal Court of the city of New York. The nature of the action and the facts, so far as material, are stated in the opinion. No limit direction can be inferred from section 104 of the Railroad Law. (Wells v. N. Y. City Ry. Co., 122 App. Div. 488; Jenkins v. B. H. R. R. Co., 29 App. Div. 11.) The language of this statute is so plain and clear as to…
1Opinion of the CourtGray, J.
The plaintiff, in this action, seeks to recover of the defendant a penalty of fifty dollars for a violation of the provisions of section 104 of the Railroad Law (Ch. 565, Laws of 1890, as amended by ch. 676, Laws of 1892). In the Municipal Court, where the action was brought and tried, the defendant had judgment. On appeal to the Appellate Term, that judgment was reversed and judgment was ordered for the plaintiff, witli leave to the defendant to appeal to the Appellate Division. In that court, the determination of the Appellate Term was reversed and the judgment of the Municipal Court was…
2Cases cited3 opinions
- Bennett v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1877
- People v. Boston, Hoosac Tunnel & Western Rw. Co.New York Supreme Court · 1882
- Cronin v. Highland Street Railway Co.Massachusetts Supreme Judicial Court · 1887
3Cited by6 opinions
- Crandall v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Bingemann v. International Railway Co.New York Supreme Court · 1911
- McGilvra v. Seattle Electric Co.Washington Supreme Court · 1910
- Hickman v. International Railway Co.New York Supreme Court · 1916
- People ex rel. New York State Railways v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1915
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