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Schwake v. Forty-second Street, Manhattanville & St. Nicholas Avenue Railway Co.

227 A.D. 767 Court N.Y. App. Div. English

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p. 767
Mina Schwake, Appellant, v. Forty-second Street, Manhattanville and St. Nicholas Avenue Railway Company, Respondent.

Judgment and order reversed and a new trial ordered, with costs to the appellant to abide the event,

p. 768
upon the ground that the plaintiff established a prima facie case of negligence against the defendant and the court erroneously dismissed the complaint at the close of plaintiff's case. Present ■ — ■ Dowling, P. J., Merrell, Finch, McAvoy and Proskauer, JJ.