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Klein v. Metropolitan St. Railway Co.

63 N.Y.S. 152 Court N.Y. App. Term Decision date 1900-03-09 English

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p. 152
KLEIN v. METROPOLITAN ST. RY. CO.
(Supreme Court, Appellate Term.
March 9, 1900.)

Headnote

Appeal — Verdict— Oonolusivbness.
A verdict based on conflicting evidence is conclusive on appeal.
Appeal from city court of New York, general term.
Action by Joseph Klein against the Metropolitan Street-Railway Company. From a judgment for plaintiff ( 61 N. Y. Supp. 1140 ), defendant appeals.
Affirmed.
Argued before TRUAX, P. J., and DUGRO and SCOTT, JJ.
Henry A. Robinson, for appellant.
Horwitz & Samuels, for respondent.

There was a direct conflict of testimony as. to how the accident happened. The question raised by this conflict was submitted to the jury, and with its verdict we cannot interfere.

Judgment affirmed, with costs.