Moneypenny v. Sixth Avenue Railroad
The Superior Court of New York City
Demurrer to complaint. The action was brought to recover of the defendants a penalty of-fifty dollars, under the “ Act to prevent extortion by Railroad Companies,” passed March 27, 1857, for asking and receiving a greater rate of fare than that allowed by law.
Read the full summary
Demurrer to complaint. The action was brought to recover of the defendants a penalty of-fifty dollars, under the “ Act to prevent extortion by Railroad Companies,” passed March 27, 1857, for asking and receiving a greater rate of fare than that allowed by law. That act provides' that “ any railroad company which shall ask and receive a greater rate of fare than that allowed by law shall forfeit fifty dollars, which sum may be recovered, together with the excess so received, by the party paying the same, but it shall be lawful, and not construed as extortion, for any railroad company to take…
1Opinion of the CourtMcCunn, J.
The first question is, whether the penal act of 1857 applies to city railroads incorporated under the general act of 1850, but whose fare for the transportation of passengers was fixed or regulated by contract with the city authorities, who bestowed the grant, and which contract has been confirmed by the legislature of 1854.
• The act of 1857, by its very terms, refers only to other than city companies. In Chase v. New York Central R. R. Co., (26 N. Y. Rep. 526,) the court say: “ The statute of 1857 has reference to statutes in which the rate for carrying passengers is fixed and allowed,” not…
2Cited by3 opinions
- Lachman & Jacobi v. Henry Block & Bro.Supreme Court of Louisiana · 1895
- Hereford v. BabinSupreme Court of Louisiana · 1859
- Thomas H. Allen & Co. v. John S. Hornor & SonLouisiana Court of Appeal · 1884