Suydam

In this action the plaintiff seeks to recover certain penalties to which he claims to have become entitled under the provisions of “an act to limit and fix the rates of fares on street-railroads in cities of more than 100,000 inhabitants,” approved January 1, 1878 (Stats. 1877-78, p. 18). Judgment was entered in favor of the defendant after an order sustaining its demurrer to the complaint.

From this judgment the plaintiff appeals.

Section 1 of the act of 1878 reads as follows: “No street-railroad in any city or town of this state with more than 100,000 inhabitants, shall be allowed to charge or collect a higher rate of fare than five cents for each passenger per trip of any distance in one direction, either going or coming, along any part of the whole length of the road or its connections.” The next section provides: 11 Every violation of the provisions of section 1 of this act shall subject the owner or owners of the street-railroad violating the same to a forfeiture to the person so unlawfully charged, or paying more than is therein allowed to be charged, the sum of two hundred and fifty dollars for each and every instance when such unlawful charge is made or collected, to be…