
    A. Joseph Kohl, Appellant, v. The Metropolitan Street Railway Co., Respondent.
    Appeal from a judgment of the City Court of the city of New York in favor of defendant.
    G. Washbourne Smith, for appellant.
    Henry A. Robinson (John T. Little, Jr., of counsel), for respondent.
   Fitzsimons, Ch. J.

The testimony of plaintiff, if not contradicted by defendant, would have entitled and justified the jury in rendering a verdict against defendant. It was error, therefore, to dismiss the complaint.

Judgment reversed, a new trial ordered, with costs to appellant to abide event.

Conlan, J., concurs.

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