Legal Opinion

Bull v. New York City Railway Co.

New York Court of Appeals

Decided June 12, 1908PublishedCited by 11 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 23, 1907, which reversed a judgment in favor of plaintiff entered upon a decision rendered at a Trial Term of the Municipal Court of the city of New York.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 23, 1907, which reversed a judgment in favor of plaintiff entered upon a decision rendered at a Trial Term of the Municipal Court of the city of New York. The action was brought to recover a penalty on the theory that defendant had violated both the statute regulating the fare to be charged by a surface street railroad (§ 101 of the Railroad Law) and the statute requiring such road to give transfers (§ 104, Railroad Law). The appellant is an attorney at law…

1Opinion of the CourtHiscock, J.

We shall answer the questions above certified to us in the inverse order of their statement.

The respondent was operating the lines of road on which appellant sought to ride, and many other lines under leases and contracts authorized by statutory provisions now incorporated in the Bailroad Law (L. 1892, cli. 676) and, therefore, the following provisions of section 104 of said statute were applicable: “ Every such corporation * * * shall * * * carry between any two points on the railroads or portions thereof embraced in such contract any passenger desiring to make one continuous trip between…

2Cases cited9 opinions

  1. Fisher v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1871
  2. Muckle v. Rochester Railway Co.New York Supreme Court · 1894
  3. Southern Pacific Co. v. RobinsonCalifornia Supreme Court · 1901
  4. Nicholson v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
  5. Baron v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907

4 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Matter of 440 E. 102nd St. Corp. v. MurdockNew York Court of Appeals · 1941
  2. Woollcott v. . ShubertNew York Court of Appeals · 1916
  3. Matthews v. MatthewsNew York Court of Appeals · 1925
  4. Braffett v. Brooklyn, Queens County & Suburban RailroadNew York Court of Appeals · 1912
  5. Kent v. Jamestown Street Railway Co.New York Court of Appeals · 1912

6 more not listed; retrieve them via the Exa API.

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