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Kohl v. Metropolitan Street Railway Co.

66 N.Y.S. 482 Court General Term. Decision date 1900-10-29 English

Delivered by FITZSBIONS, C. J.

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p. 482
KOHL v. METROPOLITAN ST. RY. CO.
(City Court of New York,
General Term.
October 29, 1900.)

Headnote

Trials—Dismissal of Complaint.
Where evidence for plaintiff is sufficient to entitle him to a verdict, if it is not contradicted, it is error to dismiss the complaint.
Appeal from trial term.
Action by A. Joseph Kohl against the Metropolitan Street-Railway Company. From a judgment dismissing the complaint, the plaintiff appeals.
Reversed.
Argued before FITZSIMOKS, C. J., and COKLAK, J.
p. 483
G. Washbourne Smith, for appellant.
Henry A. Eobinson, for respondent.

The testimony of plaintiff, if not contradicted by defendant, would have entitled and justified the jury in rendering a verdict against defendant. It was error, therefore, to dismiss the complaint.

Judgment reversed, and new trial ordered, with costs to appellant to abide event.

COULAN, J., concurs.