Bull v. New York City Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York City Bail way Company, from a judgment of the Municipal Court of the city of New York, borough of Bichmond, in favor of the plaintiff, rendered on the 17th day of April, 1906.
1Opinion of the Court
Hooker, J.:
This is an appeal by the defendant from a judgment of the Municipal Court for the penalty for the refusal to issue a transfer. On cross-examination the plaintiff testified that he rode to the transfer point “ with the sole object of simply traveling over the line to see what would be done ; ” and “ Q. If you had received a transfer, you had no business beyond the point at which your transfer was honored ? A. I had obtained the information I was after.” It is obvious that the plaintiff was not “ aggrieved ” as the term is used in the statute.
The judgment should be reversed on the…
2Cases cited2 opinions
- Nicholson v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Myers v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1896