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Schwartz v. Metropolitan Street Railway Co.

62 N.Y.S. 1147 Court N.Y. App. Term Decision date 1900-02-08 English

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p. 1147
SCHWARTZ, Respondent, v. METROPOLITAN ST. RY. CO., Appellant.
(Supreme Court, Appellate Term.
February 8, 1900.)

Headnote

Action by Louis Schwartz against the Metropolitan Street-Railway Company. From a judgment in favor of plaintiff, defendant appeals. Reversed. Henry A. Robinson, for appellant. J. P. Soloman, for respondent.

In this action to recover for personal injuries, contributory fault on the part of the plaintiff was so palpably and clearly established by his own testimony as to render any discussion of the case unnecessary in reversing the judgment. Judgment reversed, and a new trial ordered, with costs to the appellant to-abide the event.

LEVENTRITT, J., takes no part.