Montgomery v. Buffalo Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Buffalo Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 2d day of January, 1897, for §132.72 damages and costs, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 27th day of January, 1897, denying the defendant’s motion-for a new trial made upon the minutes.
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Appeal by the defendant, the Buffalo Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 2d day of January, 1897, for §132.72 damages and costs, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 27th day of January, 1897, denying the defendant’s motion-for a new trial made upon the minutes. The defendant is a corporation and engaged in operating a street railway in the city of Buffalo. On the evening of August 17, 1896, the plaintiff entered one of the…
1Opinion of the Court
Adams, J.:
The right of a railway company to make reasonable rules and regulations in the management of its business, especially in the carriage of passengers, is so generally recognized that it is no longer questioned by any one. And it is equally well settled in this State *456that the propriety of a given rule or regulation thus made is a question of law to be determined by the court. (Hibbard v. N. Y. & E. R. R. Co., 15 N. Y. 455; Elmore v. Sands, 54 id. 512; Townsend v. N. Y. C. & H. R. R. R. Co., 56 id. 295 ; Barker v. C. P., N. & E. R. R. R. Co., 151 id. 237; Muckle v. Rochester R. Co., 79…
2Cases cited4 opinions
- Hibbard v. . N.Y. and Erie R.R. Co.New York Court of Appeals · 1857
- Muckle v. Rochester Railway Co.New York Supreme Court · 1894
- Hill v. . Syracuse, B. N.Y.R.R. Co.New York Court of Appeals · 1875
- Graville v. . Manhattan R.R. Co.New York Court of Appeals · 1887
3Cited by2 opinions
- In re the Estate of SaxNew York Surrogate's Court · 1960
- Montgomery v. Buffalo Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898