People v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Long Island Railroad Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Suffolk on the 29th day of November, 1907, upon the decision of the court, rendered after a trial at the Suffolk Special Term, overruling the defendant’s demurrer to the complaint in an action brought to recover penalties in consequence of defendant’s alleged violation of various…
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Appeal by the defendant, The Long Island Railroad Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Suffolk on the 29th day of November, 1907, upon the decision of the court, rendered after a trial at the Suffolk Special Term, overruling the defendant’s demurrer to the complaint in an action brought to recover penalties in consequence of defendant’s alleged violation of various provisions of section 228 of the Forest, Fish and Game Law (Laws of 1900, chap. 20, as amd. by Laws of 1904, chap. 590).
1Opinion of the Court
Rich, J.:
Plaintiff alleges that the defendant is a domestic corporation, and 'that its line of railroad passes through forest lands and lands subject to fires in the town of Smitlitown, Suffolk county, N. Y. Six causes of action are alleged, each of which is based upon an alleged violation of a separate clause of that section of the statute. The defendant’s demurrer is to each cause of action upon the grounds, among others, that the complaint does not state facts sufficient to constitute a cause of action, and that it appears upon the face of the complaint that the plaintiff has not the legal…
2Cited by4 opinions
- Bovain v. Canal InsuranceSupreme Court of South Carolina · 2009
- Washburn v. Forest Preserve DistrictIllinois Supreme Court · 1927
- Bovain v. Canal InsuranceSupreme Court of South Carolina · 2009
- Long Island R. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909