Barnett v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Submission" of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
Hirschberg, J. :
This is a submitted controversy upon an agreed statement of facts, the plaintiff claiming damages stipulated at sixty-five dollars for alleged overcharges of fares at various times, and for being ejected from one of the cars of the defendant for refusing to pay an alleged excessive fare. The defendant was incorporated as a street railroad company in 1887, under the provisions of chapter 252 of the Laws of 1884, and the question involved is whether it has a right to collect two fares of five cents each for one continuous trip over its entire route, known as “ The Third Avenue…
2Cases cited5 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883
- Fisher v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1871
- Ingersoll v. . Nassau Electric R.R. Co.New York Court of Appeals · 1899
- Brooklyn Elevated Railroad v. Brooklyn, Bath & West End RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by5 opinions
- Topham v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Topham v. Interurban Street Railway Co.New York Supreme Court · 1904
- Topham v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1904
- Wixted v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1907
- Wixted v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1907