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Fischer v. New York City Railway Co.

104 N.Y.S. 400 Court N.Y. App. Term Decision date 1907-05-16 English

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p. 400
FISCHER v. NEW YORK CITY RY. CO.
(Supreme Court, Appellate Term.
May 16, 1907.)

Headnote

■Carriers—Street Railways—Passengers—Transfers—Reasonableness op Rule.
A street railway company’s rule requiring a passenger to demand a transfer when he pays his fare is reasonable and enforceable.
Appeal from Municipal Court, Borough of Manhattan, Twelfth District.
Action by Max Fischer against the New York City Railway Company. From a judgment for plaintiff, defendant appeals.
Reversed, and new trial ordered.
Argued before GILDERSLEEVE, P. J., and SEABURY and .BRADY, JJ.
William E- Weaver, for appellant.
Samuel M. Fischer, for respondent.

The plaintiff in this action recovered a judgment against the defendant for a penalty for failure to give a transfer while the plaintiff was a passenger on one of its cars. The plaintiff boarded a north-bound car at Chambers street and Broadway. Hq rode until .he reached Twenty-Third street. The car there turning into Lexington avenue, he for the first time asked the conductor for a transfer, -which was refused. He then left the car and boarded a Twenty-Third ■Street car, paying another fare.

The reasonableness of the rule promulgated by the defendant, requiring a passenger to ask for a transfer at the time he pays a fare, Las been upheld by the Appellate Division in the case of Ketchum v. N. Y. City Ry. Co. (recently decided by that court) 103 N. Y. Supp. 486 . The judgment must therefore be reversed.

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