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Solomon v. Third Avenue Railroad

72 N.Y.S. 1129 Court N.Y. App. Term English

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p. 1129
SOLOMON, Appellant, v. THIRD AVE. R. CO., Respondent.
(Supreme Court, Appellate Term.
June, 1901.)

Headnote

Action by David Solomon against the Third Avenue Railroad Company.
A. H. Sarasohn, for appellant. Hoadly, Lauterbach & Johnson, for respondent.

The testimony of the plaintiff and his one witness was sufficient to make a prima facie case, and the case should therefore have been heard on the merits. The evidence tends to show that the car stopped on plaintiff’s signal, and was started again without affording a reasonable opportunity for him to board it: Judgment reversed, and new trial ordered, with costs to abide event.