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Wells v. New York City Railway Co.

Appellate Division of the Supreme Court of New York, Second Department
Nov 29, 1907
122 App. Div. 488 (N.Y. App. Div. 1907)

Opinion

November 29, 1907.

Fullerton Wells, for the appellant.

No appearance for the respondent.


The action is for the statute penalty of $50 prescribed by section 104 of the Railroad Law for refusing a transfer to a passenger. The plaintiff was at the corner of Lexington avenue and 102nd street, Manhattan borough, and wanted to go to the corner of Columbus avenue and 93rd street. These two points are on opposite sides of Central Park, the one on the East and the other on the West side. The plaintiff took the defendant's car on Lexington avenue going north, and on paying his fare asked for a transfer ticket that would take him to the said point he was going to. The conductor said he could not give it to him, but gave him a transfer ticket to go west on the cars on 116th street to Columbus avenue. The plaintiff took a car west on that street and on giving the conductor the transfer ticket for his fare asked him for a transfer ticket south on a Columbus avenue car to his said place of destination, viz., the corner of the said avenue and 93rd street, but it was refused him. He took a Columbus avenue car south, and was obliged to pay another fare. The defendant claims that as the plaintiff started north at the beginning, he was not entitled to a transfer ticket to go south at any stage of his journey — that the transfers must all be in the same general direction as the start, and that while he could have had a transfer north on Columbus avenue he was not entitled to one south. There is no such limitation in the statute. The plaintiff could not get from his starting point to his destination except by going as he did north, then west, then south by Columbus avenue, unless he first went south, then west by 59th street, then north by Columbus avenue. Either of these was his direct way to get from the one point to the other. The statute requires a village or city street railroad company to carry a passenger on a continuous trip "between any two points" on its road, or any connecting roads or lines operated or controlled by it, for one fare, and to give a transfer to the passenger entitling him to make the trip. That means across town as well as through town.

The judgment should be reversed.

WOODWARD, JENKS, HOOKER and RICH, JJ., concurred.

Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event.


Summaries of

Wells v. New York City Railway Co.

Appellate Division of the Supreme Court of New York, Second Department
Nov 29, 1907
122 App. Div. 488 (N.Y. App. Div. 1907)
Case details for

Wells v. New York City Railway Co.

Case Details

Full title:FULLERTON WELLS, Appellant, v . NEW YORK CITY RAILWAY COMPANY, Respondent

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

Date published: Nov 29, 1907

Citations

122 App. Div. 488 (N.Y. App. Div. 1907)
107 N.Y.S. 430