Appellate Terms of the Supreme Court of New York, 1901

Handler v. Metropolitan Street Railway Co.

Appellate Terms of the Supreme Court of New York · Decided June 15, 1901

35 Misc. 832; 72 N.Y.S. 1106

Counsel

David W. Rockmore, for appellant., H. A. Robinson (G. Glenn Worden, of counsel), for respondent.

Opinion of the Court

Per Curiam.

The plaintiff failed to show either negligence on the part of the defendant or lack of negligence on his own part. His testimony is somewhat confused, but justifies the conclusion that he ran to board a., moving ear, and either slipped or stumbled as he was. in the act of boarding it.

The judgment is right and should be affirmed, with costs. •

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

Judgment affirmed, with costs.

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