Goodspeed v. Ithaca Street Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 18, 1903, affirming a judgment in favor of defendant entered upon a dismissal of the complaint.by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 18, 1903, affirming a judgment in favor of defendant entered upon a dismissal of the complaint.by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The decision of the trial court and the Appellate Division, “ that in exacting and receiving from the plaintiff an unlawful rate of fare, the defendant acted under a mistake of law not amounting to gross negligence, and was, therefore, not liable for the…
1Opinion of the CourtGray, J.
This appeal involves the construction of section 39 of the Railroad Law, which provides that “ any railroad corporation, which shall ask or receive more than the lawful rate of fare, unless such overcharge was made through inadvertence or mistake, not amounting to gross negligence, shall forfeit fifty dollars, to be recovered,” etc. The defendant is a street surface railroad corporation, which operates its road within the city of Ithaca, in this state, and which, upon a certain occasion, collected of the plaintiff, at the time a passenger, a fare .of ten cents for one continuous ride. She,…
2Cases cited1 opinion
- United States v. Realty Co.Supreme Court of the United States · 1896
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