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

McADAM, P. J.

The action was to recover for injuries to the plaintiff’s horse and wagon, and merchandise contained in the wagon, caused by the alleged negligence of defendant. The accident occurred at Seventeenth street and Fourth avenue, in the borough of Manhattan. The plaintiff’s driver testified that on December 22, 1900, at about 9:20 p. m.