Barnes v. New York City Ry. Co.

The uncertainty of the plaintiff’s testimony as to the date when he claims to have been refused a transfer, owing to the great number of suits instituted by him at or about the same time this action was begun by the plaintiff to recover for penalties, leads us to the conclusion that the trial judge was justified in finding for the' defendant. Judgment affirmed, with costs.

GILDERSLEEVE and DOWLING, JJ., concur. DUGRO, J., taking no part.