Parker v. Elmira, Cortland & Northern Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered April 13, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Circuit without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered April 13, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Circuit without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. Corbin and Maxwell could not take, as individuals, the private rights and franchises of the Utica, Ithaca and Elmira Eailroad Company, nor could they, as individuals, convey the same to the defendant. (Shiels v. Ohio, 95 U. S. 319; People v. O'Brien,…
1Opinion of the CourtO’Brien, J.
This is an action to recover the penalty of fifty dollars and also seven cents excessive fare which it is claimed accrued to the plaintiff under section thirty-nine of the Railroad Law, which enacts that “ Any railroad corporation which shall aslc or receive more than the lawful rate of fare, unless such overcharge was made through inadvertence or mistake, not amounting to gross negligence, shall forfeit fifty dollars.”
The defondant is a railroad corporation, created under the statute, and by the consolidation and merger in it of various other railroads. It is the result of other and earlier…
2Cases cited12 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- McGahey v. VirginiaSupreme Court of the United States · 1890
- Gilman v. . TuckerNew York Court of Appeals · 1891
- Sweet v. . City of SyracuseNew York Court of Appeals · 1891
- Buffalo Cemetery Assn. v. . City of BuffaloNew York Court of Appeals · 1889
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3Cited by17 opinions
- Gilchrist v. Interborough Rapid Transit Co.Supreme Court of the United States · 1929
- Economic Power & Construction Co. v. City of BuffaloNew York Court of Appeals · 1909
- City of New Albany v. LemonIndiana Supreme Court · 1925
- Banner Milling Co. v. StateNew York Court of Claims · 1921
- City of Jamestown v. Home Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1908
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