Legal Opinion

O'Reilly v. . Brooklyn Heights R.R. Co.

New York Court of Appeals

Decided November 29, 1904PublishedCited by 10 opinions

Appeal from a judgment of the Appellate Division of the. Supreme Court in the second judicial department, entered June 24, 1904, affirming a judgment in favor of plaintiff entered upon a decision of the Municipal Court of the city of Hew York, borough of Brooklyn. The -nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the. Supreme Court in the second judicial department, entered June 24, 1904, affirming a judgment in favor of plaintiff entered upon a decision of the Municipal Court of the city of Hew York, borough of Brooklyn. The -nature of the action and the facts, so far as material, are stated in the opinion. Within the meaning and intent of the language, “ the railroads embraced in such contract,” as used in-section 104 of the Railroad Law, the Vanderbilt Avenue line, which was owned and operated by the Atlantic Avenue Railroad Company from 1886 to…

1Per curiam

The plaintiff was a passenger upon the Vanderbilt Avenue line of the Eassau Electric Eailroad Company, and had paid his fare of five cents. He demanded a transfer ticket over the Brooklyn City Eailroad Company’s line from its intersection with the Vanderbilt Avenue line, in the city of Brooklyn, which was refused, and this action was brought to recover the penalty given by the statute therefor.

The history of the legislation upon the subject and the construction of the various enactments pertaining thereto are covered by our opinion in the case of Griffin v. Interurban Street Railway Company…

2Cases cited1 opinion

  1. Griffin v. Interurban Street Railway Co.New York Court of Appeals · 1904

3Cited by10 opinions

  1. Baron v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
  2. State v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
  3. People v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1907
  4. Kelly v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1907
  5. Mannion v. International Railway Co.New York Supreme Court · 1910

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