Parker v. Elmira, C. & N. Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by Joseph Parker against the Elmira, Cortland & Northern Railroad Company. Judgment for defendant. Plaintiff appeals.
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Appeal from special term. Action by Joseph Parker against the Elmira, Cortland & Northern Railroad Company. Judgment for defendant. Plaintiff appeals. The action was brought to recover $50.07, a penalty of $50 and 7 cents overcharge, under section 39 of the railroad law (chapter 565, Laws 1890), which provides: “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, to be recovered with the excess so received by the party paying the…
1Opinion of the CourtLandon, J.
It is true that in the list of acts declared repealed by the railroad law of 1890, chapter 594, Laws 1872, under which the defendant charged the plaintiff four cents per mile, is not found. In Beardsley v. Railroad Co., 15 App. Div. 251, 44 N. Y. Supp. 175, we reached the conclusion “that it was the intent of the legislature to include within the classification of section 37 every railroad corporation except the New York Central, and prescribe the only rule or rules which should govern the entire subject.” In addition to what was there said, it may be remarked that the act of 1890 is…
2Cases cited1 opinion
- Beardsley v. New York, Lake Erie & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Goodspeed v. Ithaca Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903