
    Max Fischer, Respondent, v. The New York City Railway Company, Appellant.
    (Supreme Court, Appellate Term,
    May, 1907.)
    Carriers — Statutory penalties enforceable against carrier — Liability to penalty for refusing transfer ticket — Reasonableness of carrier’s regulations.
    A rule of a street railway company requiring a passenger to ask for a transfer at the time he pays his fare is a reasonable regulation.
    
      Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of New York, twelfth district, borough of Manhattan.
    William E. Weaver, for appellant.
    Samuel M. Fischer, for respondent.
   Per Curiam.

The plaintiff in this action recovered a judgment against the defendant for a penalty for failure to give a transfer while the plaintiff was a passenger on one of its cars. The plaintiff boarded a north bound car at Chambers street and Broadway. He rode until he reached Twenty-third street. The ear there turning into Lexington avenue, he for the first time asked the conductor for a transfer, which was refused. He then left the car and boarded a Twenty-third street car, paying another fare. The reasonableness of the rule promulgated by the defendant requiring a passenger to ask for a transfer at the time he pays a fare has been upheld by the Appellate Division in the case of Ketchum v. New York City R. Co., 118 App. Div. 248. The judgment must, therefore, be reversed.

Present: Gildersleeve, Seabury, and Brady, JJ.

Judgment reversed and new trial ordered, with costs to appellant to abide event.  