Schwartz v. Joline

Plaintiff was the only witness on his own behalf, while defendants’ conductor and motorman were the only witnesses for defendants. All the witnesses were interested ones, and the jury were at liberty to give credence to plaintiff, rather than to the conductor or motorman. The plaintiff shows that on the morning of •the accident he was standing on the corner of Third avenue and 100th street, and motioned to the defendants’ conductor to stop his -car, which he did, and thereupon plaintiff boarded the car, which was an open one. When he had both feet on the running board, and was grasping the…