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Barnes v. New York City Ry. Co.

101 N.Y.S. 1112 Court N.Y. App. Term Decision date 1906-11-14 English

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p. 1112
BARNES, Appellant, v. NEW YORK CITY RY. CO., Respondent.
(Supreme Court, Appellate Term.
November 14, 1906.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Tenth District. Action by W. Anson Barnes against the New York City Railway Company. From a judgment in favor of defendant, plaintiff appeals. Affirmed. E. V. R. Ketchum, for appellant. Henry F. Gannon, for respondent.

The plaintiff was the only witness called. An examination of the testimony satisfies us that the trial justice was warranted in rendering judgment in favor of the defendant. The reason given by said justice for the decision is that “he refused to accept plaintiff’s testimony as true.” We do not think the case at bar comes within the rule laid down in Lewis v. N. Y. City Ry. Co. (App. Term, May, 1906) 99 N. Y. Supp. 462 . The testimony is not clear and free from inherent improbabilities. Judgment affirmed, with costs to the respondent.

GILDERSLEEVE and DOWLING, JJ., concur. DUGRO, J„ taking no part.