Appellate Division of the Supreme Court of the State of New York April 15, 1904 (McDonald v. Metropolitan Street Railway Co.)

O’Brien, J.:

This is an action to recover for injuries which caused the death of plaintiff’s intestate alleged to have occurred .through the negligence of defendant’s motorman in charge of a Broadway northbound car at Thirty-ninth street on December. 15, 1895. The facts, have been presented and considered in this court upon two former-occasions (46 App. Div. 143; 75 id.