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

The proofs adduced on the trial were sufficient upon which to predicate liability in negligence, and, therefore, the complaint should not have been dismissed. The judgment and order appealed from should be reversed, with costs, and the verdict rendered in favor of the appellant should be reinstated.

Present — Martin, P. J., Merrell, O’Malley, Glennon and Untermyer, JJ.

Judgment and order reversed, with costs, and the verdict reinstated.