Osborne v. International Railway Co.
New York Court of Appeals
Appeal, by permission, from a judgment entered April 12, 1917, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, which reversed a judgment of the Supreme Court at Special Term reversing a judgment of the City Court of Buffalo in favor of plaintiff and dismissing the complaint, and reinstated said City Court judgment. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtMcLaughlin, J.
This action was brought in the Municipal Court of the city of Buffalo to recover, under. section 59 of the Railroad Law (Con. Laws, ch. 49) and subdivision 7 of section 49 of the Public Service Commissions Law (Con. Laws, ch. 48), a penalty of fifty dollars. The plaintiff had a judgment which was reversed and the complaint dismissed by the Special Term of the Supreme Court. He appealed therefrom to the Appellate Division, where the same was, by divided court, reversed and the judgment of the Municipal Court affirmed. By permission, the defendant appeals to this court.
Section 59 of the…
2Cases cited6 opinions
- People Ex Rel. Onondaga County Savings Bank v. ButlerNew York Court of Appeals · 1895
- Chase v. . New York Central Railroad CompanyNew York Court of Appeals · 1863
- Topham v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Goodspeed v. Ithaca Street Railway Co.New York Court of Appeals · 1906
- Central Trust Co. v. New York Equipment Co.New York Supreme Court · 1893
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