People ex rel. Fleischman v. Caldwell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Samuel Caldwell, as sheriff of the county of Erie, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the-county of Erie on the 6th day of June, 1901, discharging the reiatorfrorn. arrest upon a writ of habeas corpus.
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Appeal by the defendant, Samuel Caldwell, as sheriff of the county of Erie, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the-county of Erie on the 6th day of June, 1901, discharging the reiatorfrorn. arrest upon a writ of habeas corpus. The relator, who for several years has been engaged iff the business of ticket broker in this State, was arrested on the 28th day of May. 1901, and on the plea of' not guilty was committed to the custody of the sheriff of Erie county for having violated chapter 639 of the Laws of 1901, entitled “…
1Opinion of the Court
McLennan, J.:
The respondent’s contention is that chapter 639 of the Laws of 1901, amending section 38 of the Railroad Law (Laws of 1890, chap. 565), is unconstitutional, and that, therefore, the order discharging the relator was properly made. That is the only question presented by this appeal.
The act, so far as it is important to note, provides in substance that no person shall sell a passage ticket giving any right to a passage or conveyance upon any railway train, unless he is an .authorized agent of the company running such train, and unless he has. received a certificate of authority…
2Cases cited7 opinions
- Hibbard v. . N.Y. and Erie R.R. Co.New York Court of Appeals · 1857
- People Ex Rel. Tyroler v. Warden of City PrisonNew York Court of Appeals · 1898
- Quimby v. . VanderbiltNew York Court of Appeals · 1858
- Rawson v. . Pennsylvania Railroad Co.New York Court of Appeals · 1872
- Elmore v. . SandsNew York Court of Appeals · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Delaware, L. & W. R. v. FrankU.S. Circuit Court for the District of Western New York · 1901
- In re O'NeillWashington Supreme Court · 1905
- Salomon v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1914