Johnson v. Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming judgment in favor of plaintiff, entered upon the report of a referee. This action was brought under the “ act to prevent extortion by railroad companies” (chap. 185, Laws of 1857), for alleged taking of illegal fare by defendant. Plaintiff resided at Spuyten Duyvil and was a daily passenger on defendant’s road to and from New York. The distance was a fraction over ten miles.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming judgment in favor of plaintiff, entered upon the report of a referee. This action was brought under the “ act to prevent extortion by railroad companies” (chap. 185, Laws of 1857), for alleged taking of illegal fare by defendant. Plaintiff resided at Spuyten Duyvil and was a daily passenger on defendant’s road to and from New York. The distance was a fraction over ten miles. Plaintiff from May 10, 1865, to May 9, 1866, traveled over the road 526 times. By the act under which defendant was…
1Opinion of the CourtAllen, J.
The right of the defendant to demand and réceive for the transportation of passengers a greater sum *457than that allowed by its act of incorporation, as modified in 1850, depends upon the interpretation of the 49th section of the general railroad law' of the same year, enacted some two months after the amendment of the charter referred to.
By the act incorporating the defendant, as modified by chapter 9 of the Laws of 1850, the “ power and privilege ” was conferred upon the corporation to fix, regulate and receive tolls and charges for the transportation of passengers at rates for way-travel not…
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