Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1869-10-28
An Imparinnt Decision.
A RAILROAD COMPANY HEAVILY MULoTED.

A RAILROAD COMPANY HEAVILY MULoTED.
BY an act of the New York Legislature
passed March ~, 1851, section IL, in rela-
lation to extortionate charges by railroad
companies, il was provided in relation to
the Hudson River Railroad Campany, that
1t should be entitled to charge passengers
at the rate of two and one half cents per
mile for the distance Travelled thereon during
the months of December, January, February
and March, and two cents pti mile during
the other months of the year, or SO for the
through trip. BY the sane act it was pro-
vided trat all sums charged to passengers
above this rate should he recoverable back
from the Company in an action at law
therefor, together with u fine of $50 for
each separate instance in which such over
charge is made. On the 9th of May, 1866,
PhilO Johnson commenced an action in the
Superior Court OF New York City against
the Hudson River Railroad Company, where
in he alleged that, between that date and
the 9Th of May. Isis, he had made $40 trips
on the Hudson River Railroad between
Spuyien Duyvil Station and tke depot of the
road in New York, a distance, he alleged, of
less than ten miles, for which they charged
him at the rate of 20 cents trip in Summer
and 30 cents in Winter, that sum being, as
he alleged, in excess Of the legal rate, and
further alleged in his complaint that on
each occasion of the excessive fare being
paid by him he formally protested against
the right of the Company to collect it,
and on one occasion having refused to
pay, he was elected from the cars.
His complaint concluded with demand
for judgment for the amount SO overpaid, to-
gether with the amount of the fine $50 for
each violation of the statute. BY various
legal appliances, the defendant quietly,
though persstently, managed to retard the
hearing of the case until June u, $685.
by an order of Judge Fithian, the case was
referred TO Hon. Chas. 2 Kirkland TO hear
the testimony and report to the Court. After
a hearing of four months the referee rem
dered his report, certifying to have found
that the plaintiff had made 525 trips on the
cars Of the defendants line between the Pc
rods stated in the plaintiffs complaint; that
l76 of these trips We're made during the
Winter months, for which the plaintiff was
charged at The rate OF 30 cents per trip, and
$40 trips were made during the other months
of the year. for which plaintiff was charged
at the rate of 25 cents per trip, the whole
distance being Il fraction over ten miles. lie
found fiom this that the entire amount over
charged to plaintiff on the Winter trips
amounted to 80 "a, and on thu Summer trips
$ll AZ, making in all the sum of SIS OF
overcharged him during the year and, that
for each of these overcharges the detendent
was liable IN n inc of $50, to be paid the
plaintiff according to the statute. This re-
port of the referee has new been confirmed
by the Court, and judgment entered up in
fivOr cf the plaintiff for the sum of S26.-
3l5 OF fines ard overcharges, $l23 interest
and $l.3Sl 10 costs, making the entire
amount recovered by plaintiff. 1910 IL.