From Casetext: Smarter Legal Research

Minor v. Erie Railroad Company

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 1, 1902
73 App. Div. 621 (N.Y. App. Div. 1902)

Opinion

June Term, 1902.

Present — Adams, P.J., McLennan, Spring, Williams and Hiscock, JJ.


Judgment reversed and judgment ordered for the plaintiff for one penalty of fifty dollars, with costs.


The judgment appealed from should be reversed and judgment ordered for the plaintiff for one penalty of fifty dollars, with costs. The Mileage Book Act (Laws of 1896, chap. 835 amdg. Laws of 1895, chap. 1027) was not unconstitutional as to the defendant for the reason stated by the trial court. Even though unconstitutional as to the New York, Lake Erie and Western Railroad Company, and though the defendant, upon its incorporation, succeeded to all the rights of the old company, yet the defendant, when organized, was a new corporation, and took the rights of the old company subject to all the provisions, duties and liabilities imposed by law upon railroad corporations generally. The incorporation of the defendant was a privilege granted by the State, and not a right, and when it availed itself of this privilege it subjected itself to all the conditions imposed upon it by the act under which the incorporation was had. (See Laws of 1892, chap. 688, § 3). The Mileage Book Act is not unconstitutional as to corporations organized, as the defendant was, after the act was passed. (See Purdy v. Erie R.R. Co., 162 N.Y. 49; Norfolk Western R.R. Co. v. Pendleton, 156 U.S. 667.)


Summaries of

Minor v. Erie Railroad Company

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 1, 1902
73 App. Div. 621 (N.Y. App. Div. 1902)
Case details for

Minor v. Erie Railroad Company

Case Details

Full title:George H. Minor, Appellant, v. Erie Railroad Company, Respondent

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 1, 1902

Citations

73 App. Div. 621 (N.Y. App. Div. 1902)