Fox v. Interurban Street Railway Co.
New York Supreme Court
Appeal by plaintiff from a judgment of the Municipal Court of the city of Hew York, in favor of defendant, dismissing the plaintiff’s complaint.
1Opinion of the CourtGbeenbaum, J.
The plaintiff, by his guardian ad litem, brought this action to recover a penalty of $50 under the pro*539visions of sections 39, 101 and 104 of the Railroad Law (Laws of 1890, chap. 565, as amd.), for an alleged refusal of a transfer from one line of railway operated by defendant to another line also operated by it.
At the opening of the trial, and without taking any testimony, the complaint was dismissed by the court, upon the defendant’s motion that “ the plaintiff, being an infant, was not the proper party to bring the action, but that as the father, or the natural guardian of the said infant,…
2Cases cited2 opinions
- Shute v. DorrNew York Supreme Court · 1830
- Gray v. DurlandNew York Supreme Court · 1867
3Cited by1 opinion
- Carpenter v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1905