Enton v. Coney Island & Brooklyn Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Louis B. Enton, from a judgment of the Municipal Court of the city of Mew York, borough of Brooklyn, in favor of the defendant, rendered on the 26th day of June, 1909.
1Opinion of the Court
Burr, J.:
This action is brought to recover a penalty under the. Railroad Law (Laws of 1890, chap. 565, § 39), which provides that “ Any railroad corporation which shall ask or receive more than the lawful rate of fare, unless such overcharge was made through inadvertence or mistake not amounting to gross negligence, shall forfeit fifty dollars, to be recovered with the excess so received by the party paying the same.” If defendant was not justified in demanding the fare paid by plaintiff, it might be urged with much force that its action was the result of an honest mistake in the construction…
2Cases cited10 opinions
- Colonial City Traction Co. v. Kingston City RailroadNew York Court of Appeals · 1897
- St. Louis Gaslight Co. v. City of St. LouisSupreme Court of Missouri · 1870
- Illinois Central Railroad v. ChicagoSupreme Court of the United States · 1900
- People ex rel. City of Chicago v. Chicago Telephone Co.Illinois Supreme Court · 1906
- Indiana Railway Co. v. HoffmanIndiana Supreme Court · 1904
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3Cited by3 opinions
- Kent v. Jamestown Street Railway Co.New York Court of Appeals · 1912
- City of New York v. Pelham Park RailroadNew York Supreme Court · 1910
- Donovan v. Erie RailroadNew York Supreme Court · 1912