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Hoyt & De Mallie Co. v. New York Rys. Co.

143 N.Y.S. 1122 Court N.Y. App. Div. Decision date 1913-11-13 English

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p. 1122
HOYT & DE MALLIE CO. Inc., v. NEW YORK RYS. CO.
(Supreme áourt, Appellate Term, First Department.
November 13, 1913.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by the Hoyt & De Mallie Company, Incorporated, against the New York Railways Company. From a judgment dismissing the complaint at the close of plaintiff's case, it appeals. Reversed, and new trial ordered. Thompson & Ballantine of New York City (John F. O'Neil, of New fork City, of counsel), for appellant. James L. Quackenbush, of New York City (B. F. Record, of New York City, of counsel), for respondent

An examination of the record satisfies us that the plaintiff established a prima fade case. No useful purpose would be served by detailing the facts. Judgment reversed, and new trial ordered, with costs to the appellant to abide the event.