Kelly v. New York City Railway Co.
Appellate Division of the Supreme Court of the State of New York
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 February, 1907, reversing a judgment of the Municipal Court in favor of the defendant in an action brought by the plaintiff to recover a penalty of fifty dollars under the provisions of section 104 of the Railroad Law (Laws of 1890, chap, 565,. § 105,. as renumbered and amd. by…
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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 February, 1907, reversing a judgment of the Municipal Court in favor of the defendant in an action brought by the plaintiff to recover a penalty of fifty dollars under the provisions of section 104 of the Railroad Law (Laws of 1890, chap, 565,. § 105,. as renumbered and amd. by Laws of 1892, chap. 676). The plaintiff boarded a south-bound car of the defendant on. Third avenue at Bayard street,…
1Opinion of the Court
Lambert, J.:
Subdivision ,8 of section 4 of the Bailroad Law (as amd. by Laws of 1-892, chap. 676) provides that a corporation .shall have power “ to regulate the time and manner in which passengers and property-'shall-be transported, and the .compensation, to be paid therefor.” This power must be exercised in subordination to the law and- within reasonable limitations;- There came a time in the history of the transportation facilities-'of the State when it was deemed wise and' beneficial to the public to permit of the consolidation of street surface railroads, by lease Or. otherwise, and to…
2Cases cited2 opinions
- Industrial General Trust, Ltd. v. . TodNew York Court of Appeals · 1905
- Bennett v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1877
3Cited by2 opinions
- Demby v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1908
- In re Receiverships of Street Rys.District Court, S.D. New York · 1908