Carlin v. New York City Railway Co.

Appellate Terms of the Supreme Court of New York

Carlin v. New York City Railway Co.

108 N.Y.S. 1020

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 5, 1908

StatusPublished

This text of 108 N.Y.S. 1020 (Carlin v. New York City Railway Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carlin v. New York City Railway Co., 108 N.Y.S. 1020 (N.Y. Ct. App. 1908).

Pincite

Opinion

BISCHOEF, J.

The question whether the plaintiff was a bona fide passenger had a material bearing upon his right to recover the statutory penalty for the defendant’s refusal to carry him without further payment of a fare. Nicholson v. N. Y. City Ry. Co., 118 App. Div. 858, 103 N. Y. Supp. 695. While the rulings of the justice, excluding proof upon this issue, were supported by certain decisions announced prior to the time of the trial, the authority cited necessarily requires a reversal of this judgment.

Judgment reversed, and new trial ordered, with costs to appellant to abide the event. All concur.

Free access — add to your briefcase to read the full text and ask questions with AI

BISCHOEF, J.

The question whether the plaintiff was a bona fide passenger had a material bearing upon his right to recover the statutory penalty for the defendant’s refusal to carry him without further payment of a fare. Nicholson v. N. Y. City Ry. Co., 118 App. Div. 858, 103 N. Y. Supp. 695. While the rulings of the justice, excluding proof upon this issue, were supported by certain decisions announced prior to the time of the trial, the authority cited necessarily requires a reversal of this judgment.

Judgment reversed, and new trial ordered, with costs to appellant to abide the event. All concur.

Cite This Page — Counsel Stack

Bluebook (online)

108 N.Y.S. 1020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carlin-v-new-york-city-railway-co-nyappterm-1908.

Opinion

Related

Cite This Page — Counsel Stack