Recke v. Manhattan Railway Co.

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), but 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 result. The judgment should therefore be reversed, and a new trial granted, with costs to the appellant to abide the event.