Burdick v. Erie Railroad
New York County Courts
Appeal from Justice Court. Action by Nellie Burdick against the Erie Railroad Company. From a justice’s judgment dismissing the complaint, with costs, plaintiff appeals. Reversed.
1Opinion of the Court
CLARK, County Judge.
This action was brought for a penalty of $50 because of the failure of the defendant to sell to plain: tiff a mileage book on demand, after tender of the price therefor to defendant’s agent, claimed by the plaintiff to be in violation of the provisions of chapter 1027, p. 961, of the Laws of 1895, as amended by chapter 835, p. 758, of the Laws of 1896.
Section 1897 of the Code of Civil Procedure requires that, in an action to recover a penalty or forfeiture given by statute, “if a copy of the complaint is not delivered to the defendant with a copy of the summons, a general…
2Cases cited1 opinion
- People v. O'NeilNew York Supreme Court · 1889