
    Thomas Byrne, Respondent, v. The Coney Island and Brooklyn Railroad Company, Appellant.
    Judgment and order of the County Court of Kings county reversed, and a new trial ordered, costs to abide the event. The theory of plaintiff’s pleading and proof was that he was thrown from defendant’s ear by a sudden stop. But he failed to establish by a fair preponderance of proof that he did not fall, in Ms attempt to alight, while the car was slowing down and was still in motion. His version of the casualty is corroborated only by the testimony of Powers, then a wayfarer on the street, and is opposed to that of Brown, Firmen and Police Detective Clare, all passengers and indifferent -witnesses, and of Golden, the conductor, who before the time of trial had quit the defendant’s employ.
   Jenks, P. J., Stapleton, Rich, Putnam and Blaekmar, JJ., concurred.  