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Krimko v. New York City Railway Co.

96 N.Y.S. 1132 Court N.Y. App. Div. Decision date 1905-12-29 English

Contents

Majority

p. 1132
KRIMKO, Appellant, v. NEW YORK CITY RY. CO., Respondent.
(Supreme Court, Appellate Division, Second Department.
December 29, 1905.)

Headnote

Action by Jacob Krimko against the New York City Railway Company.

Judgment of the Municipal Court reversed, and new trial ordered, costs to abide the event. The admission by the defendant of the allegations of the second and third paragraphs of the complaint establishes the fact presumptively that the defendant was operating the car on which the accident occurred.