Legal Opinion
King v. Syracuse, L. S. & N. R.
Appellate Division of the Supreme Court of the State of New York
Decided May 21, 1913Published
Action by Arvilla King against the Syracuse, Lake Shore & Northern Railroad Company.
1Per 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.