The Hawaiian gazette., 1896-08-04
OPINION OF THE COURT, BY
WHITING. J.

WHITING, j.
On exceptions taken by defendant to
a judgment of the First Circuit Court
in favor of plaintiff in an action to re-
cover the sum OF one hundred dollars
being amount of penalty provided for
by Section 8, Chap. "a, Laws OF 1884,
for an overcharge of fare on a car of a
street railway operated by defendant
in Honolulu.
On June 3rd, 1896, the plaintiff en-
tered a car operated by the defendant
on Nuuanu Street in Honolulu, near
School Street, and travelled on said
car as passenger along Nuuanu Street
TO Queen Street thence along Queen
Street to the corner of Queen Street
and Fort Street On this car plaintiff
paid a fare of five cents. This car
stopped at the corner of Queen and
Fort Streets and returned by the same
route. The plaintiff requested of the
driver of the car a transfer to the car
going up Fort Street and on Beretania
Street; the driver refused the transfer:
thereupon plaintiff entered the first
car going up Fort Street which left
about three minutes after the arrival
of the Nuuanu Street car and upon The
demand of the driver of this car paid
an additional five cents fare, making
in all ten cents demanded and paid on
this occasion TO the employee of the
defendant company.
A franchise was granted to w. r
Austin his associates and assigns &c
construct and maintain street rail
road upon certain streets in Honolulu
by Chap. 81, Laws of 1884 This Act
was amended and re-enacted by Chap
| IS, Laws of 1886. An extension Of
time within which to complete the
road was granted by Chap. %, Laws Of
1888. Privilege to construct and main.
tain the line upon streets other than
those mentioned in the above Acts was
given by Chap. ga, Laws of 1888. The
defendant company operates the tram.
way in Honolulu and holds its fran,
chise under said Acts.
Section II, Chapter 81, Laws 1884
provides:
THE rates of fare for each passenger
upon the said railroad shall not exceed
five cents for each passenger Using said
cars up to and within Judd Street, the
Industrial School and to and within
Punahou Street, and ten cents for each
passenger using said cars beyond the
last mentioned points"
Section 8 of said Chapter "a, pro,
vides:
IF said railroad, or any agent, OF
employee thereof, shall demand OF
charge a greater sum of money for fare
on the cars of said railroad, than thai
! fixed by this bill, said railroad, or such
agent of such employee shall forfeit II
I the person, who is thus overcharged
/ the sum of one hundred dollars to BIZ
recovered in civil action in any cour
having jurisdiction thereof"
Prior TO 1888, the tramways were
run under the Act of 1884, and there
were three distinct routes, the one from
! Judd Street or near there down Nuu
anu Street to the City front (Northerl!
and Southerly being the general direc
/ tion0 the other one was on Beretani;
| Street (easterly and westerly, and thu
third one on King Street parallel Il
( Beretania Street, running between tn,
I Industrial School and the Rife Rang,
near Punahou Street (easterly anC
westerly. The Beretania Street lin,
turned into Fort Street and ran south
/ erly to the City front parallel witt
/ Nuuanu Street.
The defendant charged the publ,
five cent fare on each of those routes
there being at that time no connection
In 1888, the Legislature permitted tn,
/ company TO form connection between
4 Nuuanu Street and Fort Street OF
I nI1nor Cfr0nf
ton was perfected and passengers wer,
carried from Judd Street on Nuuanl
down Nuuanu to Queen Street, alona
/ Queen to Fort Street, up Fort to Bere
tania and along Beretania to Punahou
making one continuous trip. This wa
within the limits fixed by Section u
! Chapter "a, Laws 1884, for a five cen
( fare.
| After the bringing of the former &C
ton by the plaintiff, "a decision where
in was filed July %, 1896, and marked
No. 3770 for Identification the defend
! ant company abandoned the connec
1 ton, and stopped the Nuuanu car or
Queen Street at the corner of For
Street which car it caused to return
over the same route to Judd Street
II HONeNSI Idn d Cal passing up r OF
Street to Beretania Street to Punahou
and still maintained its continuou.
track connection by a turn or curve
from Queen into and up Fort Street
The defendant maintains all the neces.
sary curves to form a continuous raj
or track from Judd Street to Queen. Il
Fort and Beretania Streets, to Puma.
hou.
This is made test case, the facts
being agreed upon by the parties.