Gertler v. Brooklyn, Queens County & Suburban Railroad

112 N.Y.S. 1130 Court N.Y. App. Div. Decision date 1908-10-16 English

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p. 1130

GERTLER, Respondent, v. BROOKLYN, Q. C. & S. R. CO., Appellant.

(Supreme Court, Appellate Division, Second Department.

October 16, 1908.)

Headnote

Action by Abraham Gertler against the Brooklyn, Queens County & Suburban Railroad Company.

No opinion. Judgment of the Municipal Court reversed, and new trial ordered, costs to abide the event, on the ground that the plaintiff did not prove by a preponderance of evidence that he was a passenger.