McLaughlin v. New York City Railway Co.

Citations

• 106 A.D. 1
• 94 N.Y.S. 653

Syllabus

<p>Penalty for refusing a transfer to a connecting railway company — what railway company is not within the exception of the Railroad Law providing “ nothing in this section shall apply to any lease in existence prior to May first, eighteen hundred and ninety-one”—effect of a passenger’s fare having been paid by an escort — only one penalty can be recovered in a single action.</p> <p>The phrase “every such corporation entering into such contract,” used in section 104 of the Railroad Law (Laws of 1890, chap. 565, § 105, as renumbered and amd. by Laws of 1893, chap. 676), requiring certain street railway companies to give transfers to connecting lines, refers to a corporation and a contract of the character mentioned in section 78 of the Railroad Law (as amd. by Laws of 1893, chap. 433). Sections 78 and 104 of the Railroad Law, as amended, must, therefore, be construed together when determining the obligation of a street railway company to give transfers. .</p> <p>May 13, 1890, the Broadway and Seventh Avenue Railroad Company, which operated a street surface railway upon Broadway, in the borough of Manhattan, city of New York, which crossed Twenty-third street, leased all its lines to the Houston, West Street and Pavonia Ferry Railroad Company. April 33, 1893, the Twenty-third Street Railway Company, which operated a street surface railway on Twenty-third street, in the borough of Manhattan, city of New York, also leased all its lines to the Houston, West Street and Pavonia Ferry Railroad Company. December 13, 1893, the Houston, West Street and Pavonia Ferry Railroad Company was consolidated into the Metropolitan Street Railway Company. February 14, 1903, the Metropolitan Street Railway Company transferred to the New York City Railway Company its right to operate the roads before mentioned.</p> <p>Veld, that in determining whether the final sentence of section 78 of the Railroad Law (as amd. by Laws of 1893, chap. 433), viz., “ Nothing in this section shall apply to a