General
Mason T. Barker, Respondent, v. The New York Central and Hudson River Railroad Company, Appellant; William Gardner, Jr., Respondent, v. The Same, Appellant
61 N.Y. 655·New York Commission of Appeals·1875·NY
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Opinion
Mason T. Barker, Respondent, v. The New York Central and Hudson River Railroad Company, Appellant. William Gardner, Jr., Respondent, v. The Same, Appellant.
(Submitted September 23, 1874;
decided January term, 1875.)
These were actions to recover statutory penalties for taking excessive fare. Decided upon authority of Fisher v. N. Y. C. and H. R. R. R. Co. (46 N. Y., 644).
A. P. Lening for the appellant.
Williams & Potter for the respondents.
[MAJORITY — Dwight, C.,]
Dwight, C.,
reads for modification, so as to reduce recovery to one penalty and excess of fares paid, and as thus modified for affirmance.
All concur.
Judgment accordingly.