
    John Casey, Jr., Respondent, v. The New York Central and Hudson River Railroad Company, Appellant.
    (Submitted May 22, 1872;
    decided May 28, 1872.)
    Action to recover penalties for alleged taking of illegal fare; presenting the same question as in Fisher v. The N. Y. C. & H. R. R. R. Go. (46 N. Y., 644). Two actions were originally commenced, which were by order consolidated.
    
      A. P. Laming for the appellant.
    
      George W. Oothram for the respondent.
   Agree to modify by reducing the judgment to two penalties and excess of fare, if paid, and as modified affirmed with costs in court below without costs to either party in this court.

Judgment accordingly.  