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

141 N.Y.S. 1127, 157 A.D. 902, 1913 N.Y. App. Div. LEXIS 6193

Opinion

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.