Hogan v. . Long Island R.R. Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 30, 1910, reversing a judgment of the Municipal - Court of the city of New York in favor of defendant and granting a new trial. The action is brought to recover the penalty provided for in section 39 (now 59) of the Eailroad Law (Cons.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 30, 1910, reversing a judgment of the Municipal - Court of the city of New York in favor of defendant and granting a new trial. The action is brought to recover the penalty provided for in section 39 (now 59) of the Eailroad Law (Cons. Laws, ch. 49), entitled “Penalty for excessive fare,” and the section reads as follows.: “Any railroad corporation, which shall ask or receive more than the lawful rate of fare, unless such overcharge was made through…
1Opinion of the CourtWerner, J.
This action was brought, as above stated, to recover the penalty of fifty dollars which the statute (section 59, Bailroad Law) imposes upon a railroad corporation for asking or receiving more than the lawful'rate of fare, unless such overcharge was made through inadvertence or mistake not amounting to gross negligence. The facts are not in dispute. The rate of fare established by the defendant between its stations at Nostrand avenue and Jamaica in Brooklyn is twenty cents. The fare which the statute authorizes it to charge between these stations is twenty-seven cents. The amount actually…
2Cases cited1 opinion
- Braffett v. Brooklyn, Queens County & Suburban RailroadNew York Court of Appeals · 1912
3Cited by2 opinions
- Willis v. City of RochesterAppellate Terms of the Supreme Court of New York · 1916
- Opn. No., New York Attorney General Reports1976