Judgment reversed on the law and the facts, without costs, and complaint dismissed.
There is no proof to show that the conductor was negligent in failing to anticipate the single blow which was administered. There had been complaints with respect to the intoxicated condition of the incompetent and the conductor had advised him to remain seated and quiet. But there was no proof to show that an assault by a third person upon the incompetent was imminent or even threatened...
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