Solomon v. Third Avenue Railroad

The testimony of the plaintiff and his one witness was sufficient to make a prima facie case, and the case should, therefore, have been heard on the merits. The evidence tends to show that the ear stopped on plaintiff’s signal, and was started again without affording a reasonable opportunity for him to board it.

•Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment reversed and new trial ordered, with costs to abide event.