Hyperlawhypertext legal database McGrady v. Metropolitan Street-Railway Co. 60 N.Y.S. 1142

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McGrady v. Metropolitan Street-Railway Co.

60 N.Y.S. 1142 Court N.Y. App. Term Decision date 1899-10-25 English

Delivered by FREEDMAN, P. J.

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p. 1142
McGRADY, Respondent, v. METROPOLITAN ST. RY. CO., Appellant.
(Supreme Court, Appellate Term.
October 25, 1899.)

Headnote

Action by John J. McGrady against the Metropolitan Street-Railway Company. There was judgment for plaintiff, and defendant appeals.
Reversed.
Henry A. Robinson, for appellant.
Robert Gibson, Jr., for respondent.

Under the stipulation entered into between the parties in this action at the beginning of the trial of the case of Williamson v. This Defendant (Sup.) 60 N. Y. Supp. 477 , this case was tried before the same jury as the Williamson Case, and the testimony taken in that case, so far as the same was applicable to this case, was to he taken as a part of the evidence and record in this case. The opinion given in the Williamson Case, therefore, applies to this, and the result is the same. Judgment reversed, and new trial ordered, with costs to the appellant to abide the event.

MacLEAN, J., concurs. LEYENTRITT, J., takes no part.