Myers v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 10th day of April, 1896, upon the verdict of a jury rendered by direction of the court after a trial at a Trial Term of the Supreme Court held in and for the county of Kings, and also from an order entered in said clerk’s office on the 14th day of April, 1896, denying the defendant’s…
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Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 10th day of April, 1896, upon the verdict of a jury rendered by direction of the court after a trial at a Trial Term of the Supreme Court held in and for the county of Kings, and also from an order entered in said clerk’s office on the 14th day of April, 1896, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Brown, P. J.:
The complaint in this action sets forth ten separate causes of action, by each of which the plaintiff seeks to recover a penalty of fifty dollars for the defendant’s refusal to furnish hiin a transfer between different lines of its street surface railroads in the city of Brooklyn, in alleged violation of section 104 of the Railroad Law (Chap. 565, Laws of 1890, as amended by chap. 676, Laws of 1892). Hpon the trial each party moved, at the close of the testimony, that the court direct a verdict in its favor, and after argument a verdict was directed in favor of the plaintiff for…
2Cases cited1 opinion
- Fisher v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1871
3Cited by7 opinions
- Southern Pacific Co. v. RobinsonCalifornia Supreme Court · 1901
- Bull v. New York City Railway Co.New York Court of Appeals · 1908
- Nicholson v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- McLean v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1904
- Bull v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
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