Legal Opinion

Reed v. The Omnibus R.R.

California Supreme Court

Decided October 15, 1867PublishedCited by 17 opinions

Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. The defendant was a corporation engaged in transporting passengers for hire over a street railroad in the City of San Francisco in cars propelled by horse power.

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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. The defendant was a corporation engaged in transporting passengers for hire over a street railroad in the City of San Francisco in cars propelled by horse power. The complaint averred that at divers times between the 19th of October and 15th of November, 1864, the plaintiff had purchased of the defendant one passage and three tickets for passage, for which, at each time, the defendant demanded and the plaintiff paid twenty-five cents—being six and one fourth cents for each ticket. The action was…

1Opinion of the Court

By the Court, Shafter, J.:

By the Act under which the defendant claims its franchise, (Acts 1861, p. 187, Sec. 5,) the fare for a passenger is limited to five cents when two or more passages or tickets for passages are purchased; and hy an Act approved April 14th, 1863, it is provided that “if any street railroad company shall demand or receive any greater sum, it shall forfeit to the person from whom such demand shall he made or such money shall be received, as well as for the State of California, for every such demand or receipt, the sum of two hundred dollars, to be recovered in a civil…

2Cases cited3 opinions

  1. Berry v. GraddyCourt of Appeals of Kentucky · 1859
  2. People ex rel. Attorney General v. HillCalifornia Supreme Court · 1857
  3. Burson v. CowlesCalifornia Supreme Court · 1864

3Cited by17 opinions

  1. Orloff v. Los Angeles Turf Club, Inc.California Supreme Court · 1947
  2. State ex rel. Jones v. County CommissionersNebraska Supreme Court · 1877
  3. Central Branch Union Pacific Railroad v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1882
  4. State v. . R. R.Supreme Court of North Carolina · 1907
  5. State v. Southern Railway Co.Supreme Court of North Carolina · 1907

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