Pell v. Manhattan Railway Co. — 34 N.Y.S. 1145

Majority

p. 1145

PELL et al., Respondents, v. MANHATTAN RY. CO. et al., Appellants.

(Supreme Court, General Term, First Department.

June 14, 1895.)

Headnote

Action by Annie C. Pell and others against the Manhattan Railway Company and others.

H. McWilliams, for appellants.

E. W. Tyler, for respondents.

The judgment in this case must be affirmed. One difficulty with the appellants’ argument as to the credibility of some of the witnesses is that it depends upon evidence given by them in other cases, which is not contained in this record, and which does not seem ever to have been offered in evidence. The judgment should be affirmed, with costs.