Legal Opinion

Gallagher v. Christopher & Tenth Street Railroad

New York Court of Common Pleas

Decided January 3, 1888PublishedCited by 2 opinions

Appeal from a judgment of the District Court in the City of New York for the Fourth Judicial District. The facts are stated in the opinion.

1Opinion of the Court

Per Curiam. — [Present, Van Hoesen and Bookstaver, JJ.]

—This action was brought to recover wages as a driver or conductor on defendant’s road, from July 31st to August 6th, 1887, amounting to S9.38. The defense was a special agreement with plaintiff, and a breach thereof by *367him, whereby the sum of $15 became due from him to defendant. &

The material portions of the contract are as follows:

“Rule 8. Conductors . . . must register every person getting-upon the car.”
“ Rule 10. No conductor will be permitted to receive a fare from a passenger, directly or indirectly.”

And for a violation of either…

2Cases cited1 opinion

  1. Birdsall v. Twenty-Third Street Railway Co.New York Court of Common Pleas · 1879

3Cited by2 opinions

  1. Howard v. Metropolitan Life InsuranceAppellate Terms of the Supreme Court of New York · 1896
  2. Rozen v. Dry-Dock, East Broadway & Battery RailroadNew York Court of Common Pleas · 1894

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