Lowenstein v. International Railway Co.

This is an action for a penalty under the provisions of section 49, subdivision I, of the Public Service Commissions Law (formerly section 105 of the Railroad Law); and the defendant has demurred to the complaint on the ground that it does not state facts sufficient to constitute a cause of action.

The complaint alleges that the defendant- is a domestic corporation, operating a street railroad in the city of Buffalo; that the Crosstown Street Railway Company of Buffalo is a domestic corporation and has a franchise to rún a street railway upon certain streets in the city of Buffalo, and “ that…