61 Misc. 336
Appellate Terms of the Supreme Court of New York
Decided December 15, 1908
Appellate Terms of the Supreme Court of New York · decided 1908-12-15
Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, third district, borough of Manhattan, dismissing the complaint after a trial before a jury.
Decided 1908-12-15
¶1I concur in the result. The plaintiff was ¿awfully upon the street, in a position of danger unknown to himself, but which must have been, or at- least should have been, known to the defendants’ employees. They could and should have -avoided the accident.
¶2Judgment reversed and new trial ordered, with costs to appellant to abide event.