
    GERTLER, Respondent, v. BROOKLYN, Q. C. & S. R. CO., Appellant.
    (Supreme Court, Appellate Division, Second Department.
    October 16, 1908.)
    Action by Abraham Gertler against the Brooklyn, Queens County & Suburban Railroad Company.
   No opinion. Judgment of the Municipal Court reversed, and new trial ordered, costs to abide the event, on the ground that the plaintiff did not prove by a preponderance of evidence that he was a passenger.  