Legal Opinion

Schwartzman v. Brooklyn Heights Railroad

New York County Courts

Decided March 15, 1906PublishedCited by 2 opinions

Actions to recover penalties under section 104 of the Railroad Law, for refusal to give transfers. Motion to dismiss the complaint. The opinion states the case.

1Opinion of the CourtCrane, J.

These three actions, tried together, are brought to recover penalties under section 104 of the Railroad Law (L. 1890, chap. 565) for refusal to give transfers. The plaintiffs were passengers upon a Douglass street, or St John’s place car, which crossed the Hamburg avenue line at Rockaway and Liberty avenues. It is claimed by them that they demanded transfers from the conductor to enable them to continue their passage without payment of an extra fare on the Hamburg avenue line.

It is conceded, for this motion, that the defendant by the Railroad Law must give transfers from the Douglass street…

2Cases cited5 opinions

  1. Topham v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
  2. Tullis v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1902
  3. Moon v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1903
  4. Moskowitz v. Brooklyn Heights RailroadAppellate Terms of the Supreme Court of New York · 1905
  5. Rosenberg v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by2 opinions

  1. Snee v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1907
  2. Levine v. Nassau Electric RailroadAppellate Terms of the Supreme Court of New York · 1906

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