Kohl v. Metropolitan Street Railway Co. ( 1900 )

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.