Beardsley v. New York, Lake Erie & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The New York, Lake Erie and Western Railroad Company and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chemung on the 18th day of July, 1896, upon the decision of the court, rendered after a trial at the Chemung Special Term, a jury trial having been duly waived, and also from an interlocutory judgment entered in said clerk’s office on the 26th day of December, 1895,…
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Appeal by the defendants, The New York, Lake Erie and Western Railroad Company and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chemung on the 18th day of July, 1896, upon the decision of the court, rendered after a trial at the Chemung Special Term, a jury trial having been duly waived, and also from an interlocutory judgment entered in said clerk’s office on the 26th day of December, 1895, overruling the defendants’ demurrer to the complaint. The action is brought to recover a penalty of fifty dollars for a…
1Opinion of the Court
Merwin, J.:
1. It is claimed on the part of the defendants that the defendant corporation is authorized by law to charge more than three cents a mile, and that, therefore, it is not subject to the act in question.
It is alleged in the complaint, and admitted by the answer, “ that the defendant is a railroad corporation organized and created under and by virtue of ' An act to facilitate the reorganization of railroads sold under mortgage, and providing for the formation of new companies in such cases,’ passed May 11, 1874, and the act amending the same, passed June 2, 1876, being formed by the…
2Cases cited12 opinions
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Wabash, St. Louis & Pacific Railway Co. v. IllinoisSupreme Court of the United States · 1886
- Covington & Cincinnati Bridge Co. v. KentuckySupreme Court of the United States · 1894
- Heckmann v. . PinkneyNew York Court of Appeals · 1880
- Sage v. . City of BrooklynNew York Court of Appeals · 1882
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3Cited by5 opinions
- Erie Railroad v. PurdySupreme Court of the United States · 1902
- Purdy v. . Erie R.R. Co.New York Court of Appeals · 1900
- People Ex Rel. Postal Telegraph-Cable Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1918
- Parker v. Elmira, Cortland & Northern RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Parker v. Elmira, C. & N. RailroadAppellate Division of the Supreme Court of the State of New York · 1898