
    SINGER, Respondent, v. METROPOLITAN ST. RY. CO., Appellant.
    (Supreme Court, Appellate Term.
    December 28, 1899.)
    Action by George Singer against the Metropolitan Street-Railway Company. From a judgment for plaintiff, defendant appeals. Affirmed. Henry A. Robinson, for appellant. Hymes, Woytisek & Schaap, for respondent.
   MacLEAN, J.

The judgment herein is not to be reversed, as contended by the appellant, upon the doctrine of Pierce v. Railway Co., 21 App. Div. 427, 47 N. Y. Supp. 540, 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. 'Judgment affirmed, with

FREEDMAN, P. J., concurs. LEVEN-TRITT, J., takes no part.  