Topham v. Interurban Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Henry Topham against the Interurban Street Railway Company. From a judgment in favor of defendant, plaintiff appeals. Reversed.
1Opinion of the CourtFreedman, P. J.
The plaintiff appeals from a judgment of the Municipal Court in favor of the defendant in an action to recover penalties, based upon repeated refusals by defendant to furnish plaintiff with transfers from one railroad line to another at the intersection of Broadway and Twenty-Third street in the city of New York. The action was based upon the provisions of section 104 of the railroad law (Laws 1890, p. 1114, c. 565, as amended by Laws 1892, p. 1406, c. 676). The plaintiff on each occasion was a bona fide passenger, but, even if he had ridden for the very purpose of obtaining a penalty, he…
2Cases cited12 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- Pearsall v. Great Northern Railway Co.Supreme Court of the United States · 1896
- Mayor of New York v. Twenty-Third Street Railway Co.New York Court of Appeals · 1889
- Fisher v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1871
- Ingersoll v. . Nassau Electric R.R. Co.New York Court of Appeals · 1899
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3Cited by2 opinions
- McLean v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1904
- Coyle v. Interurban Street Railways Co.Appellate Terms of the Supreme Court of New York · 1904