McCarthy v. International Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the International Railway Company, from a judgment of the Municipal Court of the city of Buffalo in favor of the plaintiff, entered in the office of the clerk of said court on the 9th day of December, 1907, upon facts stipulated by the parties.
1Opinion of the Court
Williams, J.:
The judgment should be 2-eversed, with costs.
The action is to recover a penalty under section 39 of the Railroad Law (Laws of 1890, chap. 565), which reads as follqws : “ § 39. Penalty for excessive fare.— Any railroad corporation which shall ask or receive more than the lawful rate of fare, unless such overcharge was made through inad/oertence or mistalce, not amounting to gross negligence, shall forfeit fifty dollars, to be recovered, with the excess so deceived, by the party paying the same ” (balance unimportant here).
The questions here involved are whether the overcharge of…
2Cases cited1 opinion
- Goodspeed v. Ithaca Street Railway Co.New York Court of Appeals · 1906
3Cited by4 opinions
- Bingemann v. International Railway Co.New York Supreme Court · 1911
- Levine v. Interborough Rapid Transit Co.City of New York Municipal Court · 1932
- Osborne v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Wylie v. AddomsAppellate Division of the Supreme Court of the State of New York · 1935