Legal Opinion

Wysocki v. Erie Railroad

Appellate Division of the Supreme Court of the State of New York

Decided March 5, 1913PublishedCited by 2 opinions

Appeal by the defendant, The Erie Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chautauqua on the 12th day of August, 1912, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day, denying the defendant’s motion for a new trial made upon the minutes.

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Appeal by the defendant, The Erie Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chautauqua on the 12th day of August, 1912, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day, denying the defendant’s motion for a new trial made upon the minutes. Action to recover a penalty under section 59 of the Railroad Law for demanding and receiving excessive rate of fare for plaintiff’s transportation upon one of defendant’s trains from Dayton, N. Y., to Dunkirk, N. Y.,…

1Opinion of the Court

Foote, J.:

Plaintiff brings this action to recover a penalty claimed to have been incurred by defendant for violation of section 59 of the Railroad Law (Consol. Laws, chap. 49; Laws of 1910, chap. 481), which is as follows:

“§59. Penalty for excessive fare. Any railroad corporation, which shall ask or receive more than the lawful rate of fare, unless such overcharge was made through inadvertence or mistake, not amounting to gross negligence, shall forfeit fifty dol*800lars, to be recovered with the excess so received by the party paying the same; but no action can be maintained therefor, unless…

2Cases cited3 opinions

  1. Chase v. . New York Central Railroad CompanyNew York Court of Appeals · 1863
  2. Goodspeed v. Ithaca Street Railway Co.New York Court of Appeals · 1906
  3. Robinson v. International Railway Co.New York Supreme Court · 1907

3Cited by2 opinions

  1. Kevand v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1913
  2. Levine v. Interborough Rapid Transit Co.City of New York Municipal Court · 1932

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