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City of New York v. Interurban Street Railway Co.

86 N.Y.S. 1132 Court N.Y. App. Term Decision date 1904-02-04 English

Delivered by GILDERSLEEVE, J.

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p. 1132
CITY OF NEW YORK, Appellant, v. INTERURBAN ST. RY. CO., Respondent
(Supreme Court, Appellate Term.
February 4, 1904.)

Headnote

Action by the city of New York against the Interurban Street Railway Company. From a judgment dismissing the complaint, plaintiff appeals. Reversed. George L. Rives .(Arthur F. Cosby and George O’Reilly, of counsel), for appellant. H. A. Robinson (Arthur K. Wing, of counsel), for respondent.

This case is almost identical with No. 1,023, in which an opinion has been filed. 86 N. Y. Supp. 673 . The only differing feature is that on the trial a dispute arose concerning the number of the car in which Mr. .Olvany sought to go from Fifty-Ninth street and Sixth Avenue to Tenth street and Hudson street. But the precise number of the car was immaterial. There was no question made but that the car Mr. Olvany took was run by the defendant. Judgment reversed, and a new trial ordered, with costs to the appellant to abide the event. All concur.