McQuillan v. Metropolitan Street Railway Co.

Aside from the question whether the plaintiff showed himself free from contributory negligence, his evidence fails to establish negligence in the defendant. Upon this point the case at bar is identical with Meyerowitz v. Interurban St. Ry. Co. (Sup.) 84 N. Y. Supp. 233. The judgment must be reversed, and a new trial ordered, with costs to appellant to abide the event.