New-York tribune., 1907-01-09
TEN CENTS TO CoNEY.
B. r. L. WINS ITS CASE
Court of appeals 4Hrms Right to
Charge Double Fare

Albany, Jan S.-The Court of Appeals to-day
decided in favor of the Brooklyn Rand Transit
Company the case involving the right of that
company TO charge a double fare 40 cents)
from central points in Brooklyn to Coney Island
The court answers in the negative the first of
the questions submitted by permission of the
Appellate Division:
Does the plaintiffs complaint state facts suf-
fcent to constitute a cause of action?"
TWO other questions submitted unnecessary in
view of the decision rendered, are not answered
In the opinion. by Judge .Haight the court
holds that the charters of the original steam
railroads operated by the Brooklyn Heights
road do not require it to charge only one fare:
them TO charge three cents mile and this per
mission is still operative; they are not street
surface railroads" within the meaning of the
statute limiting such to one fare
Nor do we think, says the opinion, that the
defendant. in dispensing with steam as a motive
power and substituting electricity affected the
situation or changed its right so far as the oues-
ton of fares is concerned Such change has
been authorized under general laws and by COM
plying with the requirements of the statute in
reference thereto it may be la wfully made
The gist of the opinion appears in the follow
Ing excerpt:
the oefendants powers were limited TO the
operation OF street surface roads and that
when IL undertook to lease and operate elevated
ana steam surface roads they were brought
within the provisions of Sections 1O1 and 1O4
tof the Railroad lew) and that these sections
should be construed applicable thereto We
are of the opinion that this contention cannot
he ADOPTED. While the defendant was organ
ized as street surface railroad and in
corporated as stated the general railroad law
has authorized and empowered II TO lease the
elevated and steam surface railroads IN ques
ton by Section 1S Of Article g. The provision
OF that section, have seen. IS that any
railroad corporation" etc. AS understand
porated under the provision of the act. Such
corporation may contract with any other such
corporation" No limitation is apparent. A
steam railroad corporation lease another
steam surface railroad. street surface railroad
or an elevated railroad So, with a street sur
face railroad, II may lease another street sur
face railroad. A steam surface railroad,
elevated road but when railroad corpora ton
undertakes to lease and operate another road. 1t
assumes all the duties. obligations and require
menfS imposed by the statute and the charter
of such, railroad. Such duties and obligations
IN the operation Of steam surface railroads are
In many respects different from those imposed
in the operation Of street surface roads and in
the operation Of elevated roads there are still
other obligations assumed which are materially
different We think it apparent. therefore, that
when the Legislature authorized the defendant
10 lease and operate the elevated and steam sur
face roads in question. II not only became en-
powered and authorized but II also its duty
70 operate such roads in accordance with the
requirements of their respective charters.