Hyperlawhypertext legal database Ingamells v. Syracuse, L. S. & N. R. 141 N.Y.S. 1124

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

141 N.Y.S. 1124 Court N.Y. App. Div. Decision date 1913-05-21 English

Contents

Majority

p. 1124
INGAMELLS, Respondent, v. SYRACUSE, L. S. & N. R. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
May 21, 1913.)

Headnote

Action by Esther Ingamells, an infant, etc., against the Syracuse, Lake Shore & Northern Railroad Company.

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 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.