
    HERNANDEZ, Respondent, v. METROPOLITAN ST. RY. CO., Appellant.
    (City Court of New York,
    General Term.
    May, 1901.)
    Action by Charles Hernandez against the Metropolitan Street Railway Company.
    Henry A. Robinson (John T. Little, Ed. D. O'Brien, of counsel), for appellant. Weeks, Battle & Marshall, for respondent.
   HASCALL, J.

It seems to us that the respondent was clearly guilty of contributory negligence, as disclosed by the testimony introduced on his part; that, standing as he did when hit by the appellant’s car was almost an invitation to accident, and that the verdict, being clearly against the weight of evidence, should have been set aside. Judgment and order appealed from reversed, and new trial ordered, with costs to appellant to abide the event.

CONLAN, J., concurs.

O’DWYER, J.

I dissent. The case was one properly for the jury, and their verdict is sustained by a fair preponderance of the evidence, and should be affirmed, with costs.  