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Recke v. Manhattan Railway Co.

72 N.Y. St. Rep. 872 Court N.Y. App. Div. Decision date 1896-04-17 English

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p. 872
Wilhelm Recke, App’lt, v. Manhattan Ry. Co., Resp’t.
Sup Ct., App. D., 1 D.
April 17, 1896.
W. W. Badger, for app’lt; Davies, Short & Townsend, for resp’t.

—The facts in this case are not in all respects the same as they were in the Otten Case, lately decided by this court ( 37 N. Y. Supp. 982 ), buS the principle upon which the reversal in the latter case proceeded is applicable! to these facts. The variations are not sufficiently important to affect the re» suit. The judgment should therefore he reversed, and a new trial granted, with costs to the appellant to abide the event.