Appellate Division of the Supreme Court of New York, 1908

Gertler v. Brooklyn, Queens County & Suburban Railroad

Gertler v. Brooklyn, Queens County & Suburban Railroad
Appellate Division of the Supreme Court of New York · Decided October 15, 1908
128 A.D. 893; 112 N.Y.S. 1130
Gertler v. Brooklyn, Queens County & Suburban Railroad

Opinion of the Court

Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event, on the ground that the plaintiff did not prove by a preponderance of evidence that he was a passenger. Jenks, Hooker, Gaynor, Rich and Miller, JJ., concurred.

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