Majority
p. 154McDONALD v. METROPOLITAN ST. RY. CO. (Supreme Court, Appellate Term. March 5, 1900.) Argued before TRUAX, P. J., and DUGRO and SCOTT, JJ.
Headnote
Appeal — New Trial — Harmless Error.Judgment will not be reversed and a new trial awarded for error in the admission of evidence where the injurious effect of such evidence, if injurious at all, is slight.
Appeal from municipal court, borough of Manhattan, Tenth district.
Action by James McDonald against the Metropolitan Street-Railway Company. From a judgment in favor of plaintiff, defendant appeals.
Affirmed.
Henry A. Robinson, for appellant.
Baldwin & Ward, for respondent.
The evidence shows that the plaintiff, while on his way to pross the defendant’s tracks, saw the car three-quarters of the block away; that he had gone so far in crossing as to have
p. 155
the horse on the easterly track when the car coining north was 70 feet away; and that he had started his horse up as soon as he got to the first rail of the westerly track. This showing sustains the judgment. The versions of the witnesses presented by defendant are so in conflict that it seems just to accept the plaintiff's version of the accident. The appellant contends that it is entitled to a new trial or reversal because of the- admission of evidence as to the compensation of a coke driver. In this he is wrong, even if the evidence was improperly received. The effect of this evidence, if injurious at all, was but slight. The loss of time was but a few days.
Judgment affirmed, with costs.