Osborne v. International Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank Osborne, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 15th day of December, 1916, reversing a judgment of the City Court of Buffalo herein in plaintiff’s favor and dismissing the complaint, and also from an order entered in said clerk’s office on the same day pursuant to which said judgment was entered.
1Opinion of the Court
Kruse, P. J.:
The action is to recover a penalty. The plaintiff was a passenger riding upon a transfer. He had paid his full fare and should have been given a transfer which entitled him to transportation in the car in which he was riding, but the conductor who gave him the transfer did not properly punch it so as to entitle plaintiff to ride thereon. He was required to pay and did pay additional fare. Thereupon this action was brought to recover a penalty of fifty dollars.
The plaintiff originally based the right to recover upon sections 181 and 59 of the Railroad Law (Consol. Laws, chap. 49;…
2Cases cited3 opinions
- McCarthy v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Osborne v. International Railway Co.New York Supreme Court · 1916
- Snee v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1907