Senior v. New York City Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Hugh H. Senior, from, an order of the) Appellate Ter-m of the Supreme Court, entered in the office of the clerk of the county of New York on the 26th day of June, 1905, as resettled by an order entered in said clerk’s office on the 16th day of August, 1905, affirming a judgment of the Municipal Court of the city of New York in favor of the defendant, dismissing the complaint upon the merits,
1DissentClarke, J.
I dissent. The statute imposes a duty to the public on corporations which derive all their powers and privileges from the peojple of the State, and should be liberally construed in the public interest. When either of two constructions' of a statute is possible, ,“ the interpretation must be adopted which is most favorable to the ’ State.” (Mr. Justice Harlan, in Coosaw Mining Co. v. South Carolina, 144 U. S. 550, 561; cited with approval in Minor v. Erie R. R. Co., 171 N. Y. 573; O'Reilly v. Brooklyn Heights R. R. Co., 95 App. Div. 261; affd., 179 N. Y. 450.) “ This is a statute extending the…
2Cases cited8 opinions
- Pearsall v. Great Northern Railway Co.Supreme Court of the United States · 1896
- Farmers' Loan & Trust Co. v. New York & Northern Railway Co.New York Court of Appeals · 1896
- Coosaw Mining Co. v. South CarolinaSupreme Court of the United States · 1892
- Griffin v. Interurban Street Railway Co.New York Court of Appeals · 1904
- Minor v. . Erie R.R. Co.New York Court of Appeals · 1902
3 more not listed; retrieve them via the Exa API.