
    Herman Meyers, Appellant, v. The New York City Railway Company, Respondent.
    Taking case from jury and non-suit — Weight and sufficiency of evidence — Uncontroverted evidence.
    Appeal by the plaintiff from a judgment in favor of the defendant, rendered in the Municipal Court of the city of New York, third district, borough of Manhattan.
    
      Harcourt Bull, for appellant.
    James L. Quackenbush, for respondent.
   Per Curiam.

This. case comes directly within the authority of our decision in the case of Lewis v. New York City R. Co., handed down at the May Term, 1906, and reported in 50 Misc. Rep. 535.

For the reasons there stated the judgment must be reversed and a new trial granted, with costs to appellant to abide the event.

Present: Gildersleeve, Fitzgerald and Davis, JJ.

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