Krimko v. New York City Railway Co.

110 A.D. 919 Court N.Y. App. Div. English

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p. 919

Jacob Krimko, Appellant, v. New York City Railway Company, Respondent.

Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event. The admission by the defendant of the allegations of the 2d and 3d paragraphs of the complaint establishes the fact presumptively that the defendant was operating the car on which the accident occurred. Bartlett, Jenks, Hooker, Rich and Miller, JJ., concurred.