Majority
p. 902Arvilla King, Respondent, v. Syracuse, Lake Shore and Northern Railroad Company, Appellant.
Judgment of Oswego County Court and judgment and order of City Court of Fulton reversed, and the complaint dismissed, with costs in all courts to the appeUant. Held, that the proof shows that the overcharge was made through inadvertence and mistake not amounting to gross negligence,[1] and defendant’s motion for a nonsuit should have been granted. AH concurred.
* See Railroad Law (Consol. Laws, chap. 49; Laws of 1910, chap. 481), § 59.— [Rep,