Topham v. Interurban Street Railway Co.
New York Supreme Court
Appeal by the plaintiff from a judgment of the Municipal Court of the city of Hew York, second district, borough of Manhattan, in favor of the defendant in an action to recover penalties based upon the refusal of the defendant to furnish the plaintiff with transfers from one line to another operated by the defendant.
1Opinion of the CourtFreedman, P. J.
The plaintiff appeals from a judgment of the Municipal Court in favor of the defendant in an action to recover penalties based upon repeated refusals by the defendant to furnish the plaintiff with transfers from one railroad line to another at the intersection of Broadway and Twenty-third street in the city of Mew York. The action was based upon the provisions of section 104 of the Railroad Law (Laws of 1890, chap. 565). The plaintiff on each occasion was a bona fide passenger, but, even if he had ridden for the very purpose of obtaining a penalty, he was, under the decision of Fisher v. N.…
2Cases cited9 opinions
- Pearsall v. Great Northern Railway Co.Supreme Court of the United States · 1896
- Mayor of New York v. Twenty-Third Street Railway Co.New York Court of Appeals · 1889
- People Ex Rel. Kimball v. . B. and A.R.R. Co.New York Court of Appeals · 1877
- Fisher v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1871
- Ingersoll v. . Nassau Electric R.R. Co.New York Court of Appeals · 1899
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3Cited by4 opinions
- Topham v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Moskowitz v. Brooklyn Heights RailroadAppellate Terms of the Supreme Court of New York · 1905
- Hennion v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1906
- Topham v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904