McGowan v. New York City Railway Co.

Appellate Terms of the Supreme Court of New York

McGowan v. New York City Railway Co.

99 N.Y.S. 835

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 28, 1906

StatusPublished

Cited by1 cases

This text of 99 N.Y.S. 835 (McGowan 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

McGowan v. New York City Railway Co., 99 N.Y.S. 835 (N.Y. Ct. App. 1906).

Pincite

Opinion

McCALL, J.

The judgment must be reversed. There is no doubt that the plaintiff was, under the statute, entitled to a transfer. But we are of the opinion that, under a properly presented case, based upon sufficient facts, courts will uphold a rule or regulation in the issuing or use of transfers that will recognize public convenience. But the mere making of such a rule will not be sufficient; there is the further duty of giving reasonable notice of the existence of such a rule, so that the public may not be misled in applying for transfers. As it does not appear that the defendant adopted any method of notifying the public of the institution of such a rule, the judgment must be reversed.

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

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McCALL, J.

The judgment must be reversed. There is no doubt that the plaintiff was, under the statute, entitled to a transfer. But we are of the opinion that, under a properly presented case, based upon sufficient facts, courts will uphold a rule or regulation in the issuing or use of transfers that will recognize public convenience. But the mere making of such a rule will not be sufficient; there is the further duty of giving reasonable notice of the existence of such a rule, so that the public may not be misled in applying for transfers. As it does not appear that the defendant adopted any method of notifying the public of the institution of such a rule, the judgment must be reversed.

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

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Bluebook (online)

99 N.Y.S. 835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgowan-v-new-york-city-railway-co-nyappterm-1906.

Opinion

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