Rosenberg 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 4th day of May, 1903, upon the verdict of a jury for fifty dollars, and also from an order entered in said clerk’s office on the 19th day of May, 1903, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J. :
This action is to recover a penalty upon the refusal of the defendant to furnish a passenger with a transfer ticket. The learned counsel for the appellant states in his brief: “ By agreement of the parties, the cases of David Ehrlich, Pincus Beck, Nathan Silverman, Harry Rosenberg and Louis Shargin were all tried at the same time, and verdict was rendered for each plaintiff for the sum of $50, and judgment was entered upon the verdicts, the evidence being identically the same in each case. By agreement of counsel, the case on appeal in the case of Louis Rosenberg is to control in…