Majority
p. 68Johnston v. Manhattan Ry. Co. et al. (Common Pleas of New York, City and County, General Term. July 18, 1890.) Argued before Larremore, C. J., and Bookstaver, J.
Headnote
On rehearing. Appeal from equity term.Action by Benjamin S. Johnston against the Manhattan Railway Company and the New York Elevated Railroad Company. Judgment was given for plaintiff, and defendants appeal.
Davies & Rapallo, (Brainard Tolles, of counsel,) for appellants. Henry G. Atwater and Peckham & Tyler, for respondent.
The questions discussed upon this reargument are substantially the same as those involved in the case of Werfelman v. Railway Co., ante, 66. The judgment appealed from should be affirmed, with costs, for the reasons given in our opinion in said case.