
    Daniel P. Smith, Respondent, v. The Buffalo, Rochester and Pittsburgh Railroad Company, Appellant.
    Reported below, 72 Hun, 545.
    (Argued December 3, 1895;
    decided December 19, 1895.)
    Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 3,1893, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial.
    
      
      Henry G. Danforth for appellant.
    
      E. F. Bdbcoch for respondent.
   Judgment affirmed, with costs; no opinion.

All concur, except Haight, J., not sitting.  