Demby v. New York City Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by Gussie Demby against the New York City Railway Company to recover a penalty for refusal to accept a transfer. From a judgment for plaintiff, defendant appeals) Reversed, and new trial ordered.
1Per curiam
This action to recover a penalty for refusing to accept a transfer was tried before the decisions of the Appellate Division in Nicholson v. N. Y. City Ry. Co., 118 App. Div. 858, 103 N. Y. Supp. 695, and Kelly v. Same, 119 App. Div. 223, 104 N. Y. Supp. 561. The plaintiff obtained judgment, and the defendant appeals.
The testimony herein is of such a character that we think the interests of justice require a new trial should be had, illumined by the law as declared by the opinions handed down in the cases above cited. Other grounds urged by the appellant are worthy of discussion, but need not…
2Cases cited2 opinions
- Nicholson v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Kelly v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907