Goodspeed v. Ithaca Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Haney Goodspeed, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Tompkins on the 28th day of April, 1902, upon the decision of the court, rendered after a trial before the court without a jury, the parties having waived a jury trial, dismissing the plaintiff’s complaint.
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Appeal by the plaintiff, Haney Goodspeed, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Tompkins on the 28th day of April, 1902, upon the decision of the court, rendered after a trial before the court without a jury, the parties having waived a jury trial, dismissing the plaintiff’s complaint. This action was brought against the defendant under section 39 of the Railroad Law (Laws of 1890, chap. 565). Upon the trial before the court without a jury the court determined that the defendant was not liable for the penalty, and…
1Opinion of the Court
Smith, J.:
This case cannot be distinguished from the case of Parker v. E., C. & N. R. R. Co. (27 App. Div. 383). Section 39 of the Rail-' road Law, under which this action is brought, provides that the penalty shall not be incurred if “ such overcharge was made through inadvertence or mistake, not amounting to gross negligence.” In the Parker case the plaintiff was suing for a penalty for an over*148charge by the defendant in that case. The defendant claimed the right, to make the charge complained of under a certain special statute under which the road was incorporated. The court at Circuit held…
2Cases cited2 opinions
- Parker v. Elmira, Cortland & Northern RailroadNew York Court of Appeals · 1901
- Parker v. Elmira, Cortland & Northern RailroadAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Kent v. Jamestown Street Railway Co.New York Court of Appeals · 1912