Appellate Terms of the Supreme Court of New York May 11, 1903 (Beethem v. Interurban Street Railway Co.)

GILDERSLEEVE, J.

The plaintiff was a street sweeper, and, while at work between Forty-Ninth and Fiftieth streets and Second avenue, was struck by one of the defendant’s cars, and brings this action to recover damages for personal injuries and loss of time. The plaintiff testifies that he was working within four or five inches of the west rail of the south-bound track when he was hit by the car.