Horton v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James E. Horton, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orange on the 21st day of January, 1901, upon the dismissal of the complaint by direction of the court after a trial at the Orange Trial Term.
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Appeal by the plaintiff, James E. Horton, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orange on the 21st day of January, 1901, upon the dismissal of the complaint by direction of the court after a trial at the Orange Trial Term. It appeared upon the trial that the plaintiff boarded the train from which he was ejected at Lackawaxen, Penn., and that he paid the regular fare from that place to Narrowsburgh, N. Y.
1Opinion of the Court
Jenks, J.:
The plaintiff complains and the defendant admits that the defendant was on J une Y, 1899, and still is a domestic railroad corporation. Beyond this, there is nothing in the record touching the corporate status of the defendant. Purdy v. Erie R. R. Co. (162 N. Y. 42) holds that the so-called Mileage Book Act (Laws of 1895, chap. 102Y) is constitutional so far as it relates to railroad corporations thereafter incorporated in this State, and that the amendment of that statute by chapter 835 of the Laws. of 1896 is constitutional in all cases where the original act could be sustained.…
2Cases cited8 opinions
- President of the Bank of the United States v. OwensSupreme Court of the United States · 1829
- Pratt v. . ShortNew York Court of Appeals · 1880
- Dyke v. Erie Railway Co.New York Court of Appeals · 1871
- Seybolt v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
- Purdy v. . Erie R.R. Co.New York Court of Appeals · 1900
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- Horton v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1903
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