Sullivan v. New York, N. H. & H. R.

Brown, D. J.

This action was removed to this court from the supreme court of the state, and the sufficiency of the pleading is therefore to be determined according to the provisions of the New York Code of Procedure. The complaint sets up a claim to $50 as a penalty alleged to have been incurred by the defendant for demanding and receiving from the plaintiff an excessive fare, beyond the rate of three cents per mile allowed by law, upon her trip from New Bochelle to Mt. Yernon, on May 11,1880; and also a claim to $5,000 damages for being violently and unlawfully ejected from the defendant’s…