Scherer v. Brooklyn Heights Railroad

150 N.Y.S. 1111 Court N.Y. App. Div. Decision date 1914-12-18 English

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p. 1111

SCHERER, Respondent, v. BROOKLYN HEIGHTS R. CO., Appellant

(Supreme Court, Appellate Division, Second Department.

December 18, 1914.)

Headnote

Action by Marie Scherer against the Brooklyn Heights Railroad Company.

No opinion. Judgment and order of the County Court of Queens County reversed, and new trial ordered, costs to abide the event, upon the ground that the evidence preponderatingly shows that the car was in motion when plaintiff alighted.