Hennion v. New York City Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of New York, tenth district, borough of Manhattan.
1Opinion of the Court
Pee Gubiam.
This action was to recover a penalty for the alleged refusal to give a transfer from one car to another car on the lines of the defendant-appellant. When the plaintiff rested the defendant moved to dismiss the complaint upon the ground that the plaintiff failed to prove the case under sections 39, 101 and 104 of the Eailroad Law.
The Court: “ In what respects do you claim that he has failed to make out a case ? ” Defendant’s attorney: “ Upon the ground that he was not a bona fide passenger within the meaning of that act.” The defendant offered no testimony. Briefs were submitted and…
2Cases cited3 opinions
- Topham v. Interurban Street Railway Co.New York Supreme Court · 1904
- McLean v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1904
- McLean v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905