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Crage v. International Railroad

85 N.Y.S. 1128 Court N.Y. App. Div. Decision date 1904-01-19 English

Contents

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p. 1128
CRAGE, Respondent, v. INTERNATIONAL R. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
January 19, 1904.)

Headnote

Action by Michael Crage against the International Railroad Company.

Judgment reversed, and new trial ordered, with costs to the appellant to abide event. Held, that the evidence establishes that the overcharge, or refusal by defendant’s conductor to issue to the plaintiff a transfer, was the result of inadvertence or mistake, not amounting to gross negligence, and therefore the plaintiff is not entitled to recover.