Robinson v. International Railway Co.
New York Supreme Court
Appeal from a judgment of the Municipal Court of Buffalo, in favor of the plaintiff, for fifty dollars and costs, penalty for charging excessive fare, etc.
1Opinion of the CourtBrown, J.
It is provided by section 39 of the Railroad Law that any railroad corporation which shall ask or receive more than the lawful rate of fare, unless such overcharge was made through inadvertence or mistake not amounting to gross negligence, shall forfeit fifty dollars.
The complaint alleges that plaintiff boarded defendant’s car at Bryant street and Elmwood avenue in the city of Buffalo, paid his fare of five cents and, when the car reached Allen street, the defendant’s conductor asked and demanded of plaintiff an additional fare of five cents;-that plaintiff informed such conductor that he had…
2Cited by1 opinion
- Wysocki v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1913