Recke v. Manhattan Railway Company

Full title: Wilhelm Recke, Appellant, v. The Manhattan Railway Company, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 1, 1896

4 App. Div. 611 (N.Y. App. Div. 1896)

Opinion

April Term, 1896.

Present — Van Brunt, P.J., Barrett, Rumsey, Williams and Patterson, JJ.

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

PER CURIAM:

The facts in this case are not in all respects the same as they were in the Otten case, lately decided by this court ( Otten v. Manhattan R. Co., 2 App. Div. 396), but the principle upon which the reversal in the latter case proceeded is applicable to these facts. The variations are not sufficiently important to affect the result. The judgment should, therefore, be reversed and a new trial granted, with costs to the appellant to abide the event.