Appellate Division of the Supreme Court of New York, 1913

Ingamells v. Syracuse, Lake Shore & Northern Railroad

Ingamells v. Syracuse, Lake Shore & Northern Railroad
Appellate Division of the Supreme Court of New York · Decided May 15, 1913
157 A.D. 902; 141 N.Y.S. 1124
Ingamells v. Syracuse, Lake Shore & Northern Railroad

Opinion of the Court

Judgment of Oswego County Court and judgment and order of City Court of Fulton reversed and the complaint dismissed, with costs in aU courts to the appellant. Held, that the proof shows that the overcharge was made through inadvertence and mistake not amounting to gross negligence,* and the defendant’s motion for a nonsuit should have been granted. AH concurred.

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