
    Downs v. New York Central Railroad Company, appellant.
    
      Cox & Avery, for appellant.
    
      McDonald & Bose, for respondent.
   Talcott, J.

The court denied a new trial on the ground that the only substantial question raised was one of fact, and that question had been decided by a jury in favor of the plaintiff. The case had been tried and taken to the court of appeals which granted a new trial upon questions of law. The second trial was had upon the same evidence as the first. At both trials a verdict was given in favor of the plaintiff.

New trial denied.  