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City of New York Municipal Court, 1900

Kohl v. Metropolitan Street Railway Co.

Kohl v. Metropolitan Street Railway Co.
City of New York Municipal Court · Decided October 15, 1900 · Fitzsimons
32 Misc. 765; 66 N.Y.S. 482

Counsel

G. Washbourne Smith, for appellant., Henry A. Robinson (John T. Little, Jr., of counsel), for respondent.

Kohl v. Metropolitan Street Railway Co.

Opinion of the Court

Fitzsimons, Ch. J.

The testimony of plaintiff, if not contradicted by defendant, would have entitled and justified the jury in rendering a verdict against defendant. It was error, therefore, to dismiss the complaint.

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

Conlan, J., concurs.

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

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