Appellate Division of the Supreme Court of New York, 1913

King v. Syracuse, L. S. & N. R.

King v. Syracuse, L. S. & N. R.
Appellate Division of the Supreme Court of New York · Decided May 21, 1913
141 N.Y.S. 1127; 157 A.D. 902; 1913 N.Y. App. Div. LEXIS 6193 (New York Supplement)
King v. Syracuse, L. S. & N. R.

Opinion of the Court

PER CURIAM.

Judgment of Oswego County Court (131 N. Y. Supp. 878), and judgment and order of City Court of Fulton, reversed, and the complaint dismissed, with costs in all courts to the appellant. Held, that the proof shows that the overcharge was made through inadvertr ence and mistake not amounting to gross negligence, and defendant’s motion for a nonsuit should have been granted.

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