Scherer v. Brooklyn Heights Railroad

166 A.D. 899 Court N.Y. App. Div. English

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p. 899

Marie Scherer, Respondent, v. The Brooklyn Heights Railroad Company, Appellant.

Judgment and order of the County Court of Queens county reversed and new trial ordered, costs to abide the event, upon the ground that the evidence preponderatingly shows that the car was in motion when plaintiff alighted. Jenks, P. J., Burr, Thomas, Rich and Stapleton, JJ., concurred.