Appellate Terms of the Supreme Court of New York June 15, 1901 (Handler v. Metropolitan Street Railway Co.)

Per Curiam.

The plaintiff failed to show either negligence on the part of the defendant or lack of negligence on his own part. His testimony is somewhat confused, but justifies the conclusion that he ran to board a., moving ear, and either slipped or stumbled as he was. in the act of boarding it.

The judgment is right and should be affirmed, with costs. •

Present: Scott, P. J.