The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-08-04
OPINION OF THE COURT, By
WHITING, J.

WHITING, J.
On exceptions taken by defendant tt
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 fOI
! 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 Bird, 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 a 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 to
construct and maintain a 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. 54, Laws of 1888. The
defendant company operates the tram
way in Honolulu and holds its fran
chise under said Acts.
Section II, Chapter "a, 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 9 of said Chapter 81, pro- |
vides
IF said railroad, or any agent, or
employee thereof, shall demand or |
charge a greater sum of money for fare !
on the cars of said railroad, than that
fixed by this BILL said railroad or such |
agent of such employee shall forfeit to
the person, who is thus overcharged, |
the sum of one hundred dollars to be
recovered in civil action in any court
having jurisdiction thereof
Prior to 1883, the tramways were
n nf |
we're three distinct routes, the one from
Judd Street or near there down Nuu-
anu Street to the City front (Northerly
and Southerly being the general direc-
-iOn;) the other one was on Beretania
Street (easterly and westerly and the
,hird one on King Street (parallel to
3eTetania Street, running between the
Industrial School and the Rife Range
lear Punahou Street (easterly and
yesterly). The Beretania Street line
urned into Fort Street and ran south
'rly to the City front parallel with
Iuuanu Street.
The defendant charged the public .
five cent fare on each of those routes,
here being at that time no connection.
n 1883, the Legislature permitted the
ompany to form a connection between
Street and Fort Street on
queen Street, and from 1892 this june
ion was perfected and passengers were
aTried from Judd Street on Nuuanu
own Nuuanu to Queen Street. along
queen to Fort Street, up Fort to Bere-
ania and along Beretania to PunahOu.
taking one continuous trip. This was
-ithin the limits fixed by Section Il.
HAPPIER "a, Laws 1884, for a five cent
Ire.
After the bringing of the former ac-
on by the plaintiff, Ga decision where
! was filed July %. 1896, and marked
%. 1910 for Identification the defend
Mt company abandoned the connec- {
on, and stopped the Nuuanu car on
ueen Street at the corner of Fort
treet which car it caused to return
yer the same route to Judd Street
however ran a car passing up Fort
-reet to Beretania Street to Punahou.
I'D still maintained it's continuous Y
ack connection by a turn or curve
ON Queen into and up Fort Street.
be defendant maintains all the neces-
Try curves to form a continuous rail
: track from Judd Street to Queen. TO
ort and Beretania Streets, to Puma
III. 2
This is made test case. the facts
ling agreed upon by the parties.