Goodspeed v. Ithaca Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Tompkins County. Action by Nancy Goodspeed against the Ithaca Street Railway Company. From a judgment dismissing the complaint, plaintiff appeals. Affirmed. This action was brought against the defendant under section 39 of the general railroad law (Laws 1890, p. 1096, c. 565). Upon the trial before the court without a jury the court determined that the defendant was not liable for the penalty, and directed a dismissal of the complaint, with costs.
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Appeal from Trial Term, Tompkins County. Action by Nancy Goodspeed against the Ithaca Street Railway Company. From a judgment dismissing the complaint, plaintiff appeals. Affirmed. This action was brought against the defendant under section 39 of the general railroad law (Laws 1890, p. 1096, c. 565). Upon the trial before the court without a jury the court determined that the defendant was not liable for the penalty, and directed a dismissal of the complaint, with costs. From the judgment entered upon this direction, the plaintiff has appealed.
1Opinion of the CourtSmith, J.
This case cannot be distinguished from the case of Parker v. E. C. & N. Railroad Company, 27 App. Div. 383, 49 N. Y. Supp. 1127. Section 39 of the railroad law (Laws 1890, p. 1096, c. 565), 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 overcharge by the defendant in that case. The defendant claimed the right to make the charge complained of under certain special statutes under which the road was…
2Cases cited2 opinions
- Parker v. Elmira, Cortland & Northern RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Parker v. Elmira, C. & N. RailroadAppellate Division of the Supreme Court of the State of New York · 1898