New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-07
THE MARE TO MORRIS PARK.
DECIA1oN AFFECTING OVER 5000 LA"
SUITS
TIE 'NEw.YoRK, NDw-HAvEN AND HARTFORD
! RAILROAD SUSTAINED BY THE
GENERAL TERM.


GENERAL TERM
rhn u.se Of Palm against the New.YOrk. w'HaVch
and Hartford Railroad Company. 70 recover pe"'''
NJ $50 for a charge Of excessive rate OF rare uP
IN. specal trains running to the Morris fa'R roc
o,ree has been decided by the General Term Oh u''
snn.r,or Court against the plaintin-ths deci'loh -
v.rsinc decision by Judge Truax at Tral Term
nlaintds in over 3 900 penalty suits have mus io
@ serious setback ,,ants for
This case was considered by all Of the ciaii"V W.
the penalty of $50 as the test case upon the p''.P
,nvolyed in the litigation and its decision mas NV
fore been looked forward TO by them VIII" s'''' ~
terest. .. .ro history
In view of the large number OF htlean'S' ''0 '''
of the suit is interesting. - ,,;o, a,d
Morris Park racetrack is on the iidIieni w.. ~
Port Chester road which is under lease " r'o
.Olv 80 uo ard hartford Railroad Company
hr. which WAS organized under the geheidi
laws NJ the state of New York. the statute " I,
ing the formation of railroads IN uis 0' ue
that the rate of fare shall not eFceeu . ,,i
when Mr. Morris and his associates Uui'' Wv ,otioD
p track tna, made a request for the con ~
arm .t aDd q convenient access to their race
-, tuor, q now terminus and it was iouho e'oDi-'
-. - a large tract Of land at the Harlem h'''
for this purpose. .,,ho-tss \ service
os orcanized Including sixty passenger Co''',I -,
49,. locomotives which were assembled al H .a
49, c.s The starting place at Harlem hNoI
-. and distinct from the regular HarIe" N" ", .
S4atior and was we'll advertised and pacsuueu " .r
esect co that no could mistake the spe'I n, os
r.c,,Iar service and tho terminus al MOI -
~ the established line Of the railroad anu III
mama Of a spur track about haH u'.Io ,on1o az.
nu, oo-,nanv provided not only regular umo''ou a."
oro,rodations at Van Nest. tho station i'",oo -,
,ac.track but from different place !" a noo,a1
nIaca organized special service ior VIM ~, I'D
charge Of 90 cents each way zoo oe''.S as made
trnl wa established This speciA cnHI .n.,i,,as
With rlle acQuesccnCe Of the race'ldON o,,n.el
rrho r,a,arement Of the road then consumer sor,
ms ia ,na, the statute limiting the oruha''
CIV 60 ~ Q cents mile was not lH'euuou iva
ociaI scryioe in special trains on sPcoi'i ' .
snecial stations to special siauohs as !" ~, .orig
case Upon the advice OF couhsel u'o ~
was made ,,.s - ,o,o these mains
-. a-s were attached 10 the regular trains al Tie
,,,lar rate Of fare between the stations OH ''o "
,o,, River branch. As matter OF TACT many Pp
do.,,ed 10 70 10 the races In the trans 'i"' '
CON. and voluntarily took the trains from oie 'P0
,ard Al Harlem River and paid 90 cents loi %
;,sn nm certain lawyers I'm this CITY mace al %
,.iro canvass q the people who had Vo!IA'd'n,
ia ,bo "a cent, for the extra accommodations anu
,,aired from them their supposed te'htlcdl rib" '"
,l,i-, III, penalty Of so prONiueN III u
o,.,1 >t3trtc~ in case OF Violation o! ''V
- l,,~at exce~> % fare. one or Wo ''e09
,o ,r..d in some Of the lower courts and ludemen',
fare Ic,, rendered against the company Pending h"a
oAi,rr.,,, however. by the higher courts the F'
t ,,anv reduced the fair last summer TO 50 'c1'7
.-r &C. round Trip. Meanwhile the cases when aro>e
ven AGO are being tried and VIII be trleo ana VIII
10 ovYo,loi until the court of highest resort ue'Iuc'
,bat ,Ie statute i applicable to cases OF TINS KIM ''''
s, i.si ,,c the Palm case. just decided was o" IL
,,.,. .-. . o...tl te the Court OF Appeals
I, i, III. opinion of able counsel that the Co"' %
Annals viii uphold voluntary contract lot Spe''a
soro 81 cred into between the carrier and the carried
Cow, ,.Ylv no Wholesale payment OF the claims VIII "
nd uotu the court II lat resort ad!uuC1fG sr
nrnt ans involved and decides IN favor OF tIa Pa'"1
M palm cas- ia, been regarded by oil par ~,
,o.i ra.. II was tally argued at the "ehcldI lrIn
M tl. ~uIcrUr Court where most OF thcNe su''S NV
-. General Term appeared to take d!nelenu - Nv
my IN wh!ci! tn restricting eit!'H S4"I'' ~
carsttr,ed The Judge at trial reused Wi'ei Ic'!u
-. counsel inl O-icnd2nt 10 app' w" TN y; ,'
cor.t-l,r on TO the statute under NHl Il 'At '"r
Stained 10 recover The general Term app ar !" Ha,
dse;,d t,,n the Judg- a; Trial t-rln ioi IN lle' "I
they say T. u-ou -ot,,ca thu, ali
Oo,l ful ,1irte aec TO Doe construed ~ id'"r "' ~,
Gafcrdarf that the plaintiff must show or az IN
"a rha penalty and that b" must bril@ hlms-I S
And I1trallv within the operation OF the statute