General
Frederick K. Keller, Respondent, v. The Metropolitan Elevated Railway Company, Appellant
129 N.Y. 667·New York Court of Appeals·1892·NY
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Opinion
Frederick K. Keller, Respondent, v. The Metropolitan Elevated Railway Company, Appellant.
(Submitted December 16, 1891;
decided January 20, 1892.)
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made May 12, 1891, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
Julien T. Davies and- Brainard Tolles for appellant.
Edwin M. Felt for respondent.
[MAJORITY]
Agree to reverse and grant new trial on authority of Roberts v. N. Y. E. R. R. Co. (128 N. Y. 455).