Fisher v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of Buffalo, affirming a judgment in favor of plaintiff, entered upon a decision of the court at Trial Term. This action is brought to recover penalties alleged to have been incurred by defendant, under the provisions of chapter 145, Laws of 1857, in asking and receiving a greater rate of fare than allowed by law from the plaintiff’s intestate.
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Appeal from judgment of the General Term of the Superior Court of Buffalo, affirming a judgment in favor of plaintiff, entered upon a decision of the court at Trial Term. This action is brought to recover penalties alleged to have been incurred by defendant, under the provisions of chapter 145, Laws of 1857, in asking and receiving a greater rate of fare than allowed by law from the plaintiff’s intestate. Under an act of the legislature of this State, passed May 3,1834 (Laws of 1834, chap. 269, page 472), the Buffalo and Niagara Falls Railroad Company was incorporated, with power to…
1Opinion of the CourtGrover, J.
In 1852, the Buffalo and Lockport Railroad Company became a corporation under the provisions of the general railroad law, for the purpose of constructing and operating a railroad for the transportation of persons and property between these places, which road should pass through the village of Tonawanda, a place situate ten and a-half miles north of Buffalo.
The corporation commenced the construction of its road, and had completed the same from Lockport to Tonawanda, and under a contract with the Buffalo and ¡Niagara Falls Railroad Company, was engaged in the construction of a track for its use…
2Cases cited1 opinion
- Palmer v. Conly & JohnsonNew York Supreme Court · 1847
3Cited by14 opinions
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- Cox v. . PaulNew York Court of Appeals · 1903
- Wishkah Boom Co. v. Greenwood Timber Co.Washington Supreme Court · 1915
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