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Adams v. Metropolitan Street Railway Co.

68 N.Y.S. 1133 Court N.Y. App. Term Decision date 1901-01-28 English

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p. 1133
ADAMS et al., Appellants, v. METROPOLITAN ST. RY. CO., Respondent.
(Supreme Court, Appellate Term.
January 28, 1901.)

Headnote

Action by Samuel Adams and another against the Metropolitan Street-Railway Company. From a judgment for defendant, plaintiffs appeal.
Affirmed.
Adams & Adams, for appellants.
H. A. Robinson, for respondent.

In view of the evidence of the conductor, and that of plaintiff’s witness Mann, that when the driver turned across the track the car was less than 50 feet away, and the improbable story of the driver, it seems to us that there should not be a reversal. Judgment should be affirmed.