Braffett v. Brooklyn, Queens County & Suburban Railroad
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 March 31, 1910, reversing a judgment in favor of plaintiff entered upon a decision of the Municipal Court of the city of New York on trial without a jury and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, "by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 31, 1910, reversing a judgment in favor of plaintiff entered upon a decision of the Municipal Court of the city of New York on trial without a jury and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Under section 101 of the Bailroad Law (then in force) the defendant was bound to carry the plaintiff for one fare of five cents for the ride taken by the plaintiff, and having charged ten cents for the…
1Opinion of the Court
Cullen, Ch. J.
The action was brought to recover a penalty for violation of sections 101 and 104 of the Bail-road Law. The facts in the case are not in dispute, as they were established on the trial either by uncontroverted evidence or by the stipulation of the parties. These facts, so far as is necessary to present the question in issue, are as follows: The Broadway Bailroad Company was incorporated in 1858 and constructed and operated a street surface railroad in the city of Brooklyn from the ferry to Fulton avenue.- The Jamaica, Woodhaven and Brooklyn Bailroad Company had constructed a…
2Cases cited5 opinions
- Griffin v. Interurban Street Railway Co.New York Court of Appeals · 1904
- People v. FioriAppellate Division of the Supreme Court of the State of New York · 1908
- Bull v. New York City Railway Co.New York Court of Appeals · 1908
- King v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- People v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1907
3Cited by11 opinions
- Goodman v. New York Railways Co.New York Supreme Court · 1914
- Hogan v. . Long Island R.R. Co.New York Court of Appeals · 1912
- Catalano v. International Railway Co.New York Supreme Court · 1914
- People ex rel. Brooklyn City Railroad v. NixonAppellate Division of the Supreme Court of the State of New York · 1920
- Raynor v. New York & Long Island Traction Co., New York County Courts1914
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