Carlin v. New York City Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Eleventh District. Action by James Carlin against the New York City Railway Company. From a judgment for plaintiff, defendant appeals. Reversed, and new trial ordered.
1Opinion of the CourtBischoef, J.
The question whether the plaintiff was a bona fide passenger had a material bearing upon his right to recover the statutory penalty for the defendant’s refusal to carry him without further payment of a fare. Nicholson v. N. Y. City Ry. Co., 118 App. Div. 858, 103 N. Y. Supp. 695. While the rulings of the justice, excluding proof upon this issue, were supported by certain decisions announced prior to the time of the trial, the authority cited necessarily requires a reversal of this judgment.
Judgment reversed, and new trial ordered, with costs to appellant to abide the event. All concur.
2Cases cited1 opinion
- Nicholson v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907