Appellate Division of the Supreme Court of the State of New York October 15, 1908 (Gertler v. Brooklyn, Queens County & Suburban Railroad)

Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event, on the ground that the plaintiff did not prove by a preponderance of evidence that he was a passenger. Jenks, Hooker, Gaynor, Rich and Miller, JJ., concurred.