Majority
p. 577Daniel Cunningham, Respondent v. The Manhattan Railway Company, et al., Appellants. Decided March 2, 1891. Before Truax and Dugro, JJ.
Headnote
Appeal from judgment entered on the findings and decision óf a judge on a trial at special term before the court without a jury.Davies & Rapallo, for appellants.
Leo C. Dessar, for respondent.
The main question involved was as to the sufficiency of the evidence to uphold the judgment. The Court (Truax, J., writing, Dugro, J., concurring) held the evidence insufficient and reversed the judgment and ordered a new trial, with costs to the appellants to abide the event,'