Legal Opinion

Osborne v. International Railway Co.

New York Supreme Court

Decided December 15, 1916PublishedCited by 4 opinions

Appeal from a judgment of the City Court of the city of Buffalo rendered in favor of plaintiff.

1Opinion of the CourtBissell, J.

This action was brought to recover a penalty under section 39 of the Railroad Law, and sec*8tion 49, subdivision 7, of the Public Service Commissions Law. The defendant appeals from a judgment recovered by the plaintiff in the City Court of Buffalo.

Practically all the facts are stipulated; and none of them is disputed. The plaintiff boarded one of the defendant’s cars in the city of Buffalo, and asked for, and received, a transfer, to which he was entitled. The issuing conductor punched the transfer ten o’clock. It should have been punched eleven o ’clock. Consequently, when the plaintiff…

2Cases cited2 opinions

  1. Chase v. . New York Central Railroad CompanyNew York Court of Appeals · 1863
  2. Goodspeed v. Ithaca Street Railway Co.New York Court of Appeals · 1906

3Cited by4 opinions

  1. The New York Times Co. v. GonzalesDistrict Court, S.D. New York · 2005
  2. In re Natural Gas Commodity LitigationDistrict Court, S.D. New York · 2005
  3. Collado v. New York City Department Of EducationDistrict Court, S.D. New York · 2021
  4. Osborne v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1917

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