Legal Opinion

Ketchum v. New York City Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1907PublishedCited by 8 opinions

Appeal by the defendant, the New York City Railway Company, from an order .'of the Appellate Term of the- Supreme Court, entered in the office, of the clerk of the county of New York on the 11th day of December, 1906, affirming a judgment of the Municipal Court of the city of New York in favor of the plaintiff entered on the 9th day of October, 1906.

1Opinion of the Court

Scott, J.:

This appeal involves only the’ question as to the reasonableness of a rule adopted by the defendant corporation requiring that passengers desiring transfers must obtain them from the conductor at the time of paying fare, and that no transfers will be issued on the cars at any other time. . .

The defendant owns or controls and operates a large number of street car lines in the city of Rew York, some running approximately north and south, and others approximately east and west, the intersecting points being transfer points.

The statutory duty to give" transfers is contained in section…

2Cases cited5 opinions

  1. Vedder v. . FellowsNew York Court of Appeals · 1859
  2. Barker v. Central Park, North & East River RailroadNew York Court of Appeals · 1896
  3. Elmore v. . SandsNew York Court of Appeals · 1874
  4. Dorris v. SweeneyNew York Court of Appeals · 1875
  5. Walker v. Dry Dock, East Broadway & Battery RailroadNew York Court of Common Pleas · 1867

3Cited by8 opinions

  1. Crandall v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1909
  2. Bingemann v. International Railway Co.New York Supreme Court · 1911
  3. Martin v. the Rhode Island CompanySupreme Court of Rhode Island · 1911
  4. Birmingham Electric Co. v. RylantSupreme Court of Alabama · 1937
  5. Fischer v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1907

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