McLean v. Interurban Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan. Action by John C. McLean against the Interurban Street Railway Company. From a judgment for plaintiff for $119.31, defendant appeals. Affirmed.
1Per curiam
The judgment should be affirmed, with costs, on the authority of Topham v. Interurban St. Ry. Co. (recently decided by this court) 86 N. Y. Supp. 295, and the case of Fisher v. N. Y. C. & H. R. R. R. Co., 46 N. Y. 644, therein referred to. The distinction of the case-last referred to made in Myers v. The Brooklyn Heights R. R. Co., 10 App. Div. 335, 41 N. Y. Supp. 798, was not brought to the attention of this court at the time of the decision of the Topham Case. In the Topham Case the plaintiff was a bona fide passenger. In the case at bar the plaintiff rode under the advice of an attorney…
2Cases cited3 opinions
- Fisher v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1871
- Myers v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Topham v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1904
3Cited by2 opinions
- Sherman v. LevingstonNew York Supreme Court · 1910
- Hennion v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1906