Nellis v. New York Central Railroad
New York Court of Appeals
By .chapter 185 of the laws of " 1857, it was enacted that any railroad company which shall ask and receive a greater rate of fare than that allowed by law shall forfeit fifty dollars, which sum may be recovered, together, with the excess so received, by the party paying the same, but it-shall be lawful and not construed as extortion for any railroad .company to take the legal rate of fare for one mile for any fractional distance less than a mile.
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By .chapter 185 of the laws of " 1857, it was enacted that any railroad company which shall ask and receive a greater rate of fare than that allowed by law shall forfeit fifty dollars, which sum may be recovered, together, with the excess so received, by the party paying the same, but it-shall be lawful and not construed as extortion for any railroad .company to take the legal rate of fare for one mile for any fractional distance less than a mile. By chapter 228 of the same year, it was enacted that the New York Central Railroad Company at every station on its road, where a ticket office then…
1Opinion of the CourtMullin, J.
A railroad company is under no obligation to establish offices for the sale of tickets. If ticket offices are not established, passengers must pay their fares to the conductor on the cars. Such a system would throw great responsibility and labor on conductors, cause loss to the company, and be the source of annoyance to the passengers. All these consequences are avoided in a great degree, by the" establishment of ticket offices, but the benefit is derived mainly by the company.
When, therefore, the legislature authorized the defendant to demand five cents, in addition to the usual fare, of…
2Cited by9 opinions
- Mills v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1900
- Jeffersonville Railroad v. RogersIndiana Supreme Court · 1867
- Swan v. Manchester & Lawrence RailroadMassachusetts Supreme Judicial Court · 1882
- Atchison, Topeka & Santa Fé Railroad v. DwelleSupreme Court of Kansas · 1890
- State v. OwsleyMontana Supreme Court · 1895
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