Singer v. Metropolitan Street Railway Co.

MacLean, J.

The judgment herein is not to be reversed, as contended by the appellant, upon the doctrine of Pierce v. Metropolitan St. R. Co., 21 App. Div. 427, for there is no such preponderance of evidence in favor of the defendant in this case as there was in that so cited as precedent.

Freedman, P. J., concurs; Leventritt, J., taking no part.

Judgment affirmed, with costs.