Nicholson 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 14th day of February, 1907, affirming a judgment of the Municipal Court of the city of New York in favor of the plaintiff entered on the 2d day of October, 1906, upon the decision of the court.
1Opinion of the Court
McLaughlin, J.:
This action was brought in the Municipal Court of the city of New York to recover a penalty of fifty dollars for the defendant’s refusal to furnish the plaintiff a transfer between different lines of its street surface railroads in the city of New York in alleged violation of section 104 of the Railroad Law (Laws of 1890, chap. 565, § 105, as renumbered and amd. by Laws of 1892, chap. 616.)
Upon the trial, at the close of plaintiff’s case, the defendant moved that the complaint be dismissed upon the ground, among others, that the plaintiff, at the time the transfer was refused,…
2Cases cited4 opinions
- Fisher v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1871
- Southern Pacific Co. v. RobinsonCalifornia Supreme Court · 1901
- Myers v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Jolley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1903
3Cited by11 opinions
- Bull v. New York City Railway Co.New York Court of Appeals · 1908
- Johnston v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1907
- Bull v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Carlin v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1908
- Demby v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1908
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