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McCormick v. Syracuse Rapid Transit Railway Co.

112 N.Y.S. 1136 Court N.Y. App. Div. Decision date 1908-10-17 English

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p. 1136
McCORMICK, Respondent, v. SYRACUSE RAPID TRANSIT RY. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
October 17, 1908.)

Headnote

Action by James A. McCormick against the Syracuse Rapid Transit Railway Company.

Judgment of County Court and Municipal Court reversed, with costs. Held that, if plaintiff was entitled to a transfer from the Dudley to the Elmwood line, defendant’s offer of a transfer to the latter line at South West' street fully met its obligation; it appearing that the passage over its lines thus offered to plaintiff was over the most direct and a reasonably convenient route to his destination.

SPRING and KRUSE, JJ., dissent.