Hyperlawhypertext legal database King v. Syracuse, L. S. & N. R. 141 N.Y.S. 1127

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

141 N.Y.S. 1127 Court N.Y. App. Div. Decision date 1913-05-21 English

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p. 1127
KING, Respondent, v. SYRACUSE, L. S. & N. R. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
May 21, 1913.)

Headnote

Action by Arvilla King against the Syracuse, Lake Shore & Northern Railroad Company.

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.