New York Court of Appeals

Charles B. Wood, Respondent v. the Erie Railway Company, Appellant

January 22, 187872 N.Y. 196

Summary

The New York Court of Appeals affirmed the lower court, holding that the Erie Railway is not exempt from liability for damage to the plaintiff's carriage even though the plaintiff transacted business under a fictitious firm name prohibited by statute. The court reasoned that the penal statute should be strictly construed and does not extend to a carrier's duty as a common carrier.