Munro v. . Brooklyn Heights R.R. Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 27, 1907, affirming a judgment in favor of plaintiff entered upon a decision of the Municipal Court of the city of Hew York. 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 a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 27, 1907, affirming a judgment in favor of plaintiff entered upon a decision of the Municipal Court of the city of Hew York. The nature of the action and the facts, so far as material, are stated in the opinion. Section 39 of the Bailroad Law, prescribing the short limitation of one year for an action to recover a penalty of fifty dollars from “ any railroad corporation which shall ask or receive more than the lawful rate of fare,” is applicable to an…
1Opinion of the CourtGbay, J.
This action was brought in the Municipal Court of the city of Mow York to recover a penalty of $50 ; which is given by section 104 of the Railroad Law, (L. 1890, ch. 565, as amended), to a passenger, where he has been refused a transfer, by one of the corporations referred to, entitling him, upon paying a single fare, to one continuous trip over the railroad of that corporation and that of any other corporation, with which it is under contract, or lease. The Appellate Division, in affirming a judgment recovered by plaintiff, has certified the case to this court. The appeal presents the one…
2Cases cited3 opinions
- People v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1907
- Snee v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1907
- Snee v. . Brooklyn Heights Railroad CompanyNew York Court of Appeals · 1908