Purdy v. . Erie R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 17, 1898, overruling defendant’s exceptions ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial, and directing the entry of a judgment in favor of plaintiff upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 17, 1898, overruling defendant’s exceptions ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial, and directing the entry of a judgment in favor of plaintiff upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. As the statute in question violates the Constitution of the state of New York, which provides: No person shall be deprived of life, liberty or…
1Opinion of the CourtCullen, J.
This action, similar in character to that of Beardsley v. N. Y., L. E. & W. R. R. Co., is brought to recover penalties for the refusal of the defendant to issue mileage books, as prescribed by chapter 1027 of the Laws of 1895, as amended by chapter 835 of the Laws of 1896. The record in this case, however, differs materially, from that in the Beardsley case, both in' its facts and in the objections taken by the counsel to the right of the plaintiff to recover. The complaints (there were originally several actions which were subsequently consolidated into one) allege that the defendant is a…
2Cases cited15 opinions
- Stone v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1886
- People v. . GillsonNew York Court of Appeals · 1888
- Hennington v. GeorgiaSupreme Court of the United States · 1896
- Wabash, St. Louis & Pacific Railway Co. v. IllinoisSupreme Court of the United States · 1886
- Lake Shore & Michigan Southern Railway Co. v. OhioSupreme Court of the United States · 1899
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3Cited by22 opinions
- Interstate Consolidated Street Railway Co. v. MassachusettsSupreme Court of the United States · 1907
- McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
- Robert Dollar Co. v. Canadian Car & Foundry Co.New York Court of Appeals · 1917
- New York Bank Note Co. v. Hamilton Bank Note Engraving & Printing Co.New York Court of Appeals · 1905
- Erie Railroad v. PurdySupreme Court of the United States · 1902
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