Kelly v. New York City Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York City. Railway Company, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 11th day of February, 1907, reversing a judgment of the Municipal Court in favor of the defendant in an action brought by the plaintiff to recover a penalty of fifty dollars under the provisions of section 104 of the Railroad Law (Laws of 1890, chap, 565,. § 105,. as renumbered and amd. by…
Read the full summary
Appeal by the defendant, the New York City. Railway Company, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 11th day of February, 1907, reversing a judgment of the Municipal Court in favor of the defendant in an action brought by the plaintiff to recover a penalty of fifty dollars under the provisions of section 104 of the Railroad Law (Laws of 1890, chap, 565,. § 105,. as renumbered and amd. by Laws of 1892, chap. 676). The plaintiff boarded a south-bound car of the defendant on. Third avenue at Bayard street,…
1DissentMcLaughlin, J.
This action was brought in the Municipal Court of the city of. New York to recover a penalty of fifty dollars for defendant's refusal to give a transfer provided -for in section 104 of the Railroad Law (Laws of .1890, chap. 565, § 105, as renumbered and amd. by Laws of 1892, chap. 676). The defendant had a judgment *230dismissing the complaint, with costs, from which an appeal was taken to the Appellate Term, where the same was reversed and judgment directed for the plaintiff, and.from such determination the defendant appeals to- this court..There is no dispute as to the material facts involved,…
2Cases cited5 opinions
- Tompkins v. . HunterNew York Court of Appeals · 1896
- Karst v. . GaneNew York Court of Appeals · 1893
- People Ex Rel. Brown v. WoodruffNew York Court of Appeals · 1865
- Nicholson v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Cronin v. Highland Street Railway Co.Massachusetts Supreme Judicial Court · 1887