Majority
p. 750MEYERS v. NEW YORK CITY RY. CO. (Supreme Court, Appellate Term. December 11, 1906.) Argued before GILDERSLEEVE, FITZGERALD, and DAVIS, JJ.
Headnote
Appeal from Municipal Court, Borough of Manhattan, Third District.Action by Herman Meyers against the New York City Railway Company. From a judgment for defendant, plaintiff appeals. Reversed, and new trial granted.
Harcourt Bull, for appellant.
James L. Quackenbush, for respondent.
This case comes directly within the authority of our decision in the case of Lewis v. N. Y. City Ry. Co., handed down, at the May term, 1906, and reported in 50 Misc. Rep. 535 , 99 N. Y. Supp. 462 ,
For the reasons there stated, the judgment must be reversed, and a new trial granted, with costs to appellant to abide the event.