
    Filed, January 18, 1894.
    Emma E. McCabe et al., Resp’ts, v. City of Buffalo, App’lt.
   Per Curiam.

This case was once before in this court on a similar appeal by the defendant, and a new trial was granted on the ground that the evidence failed to show that the plaintiffs were not guilty of negligence which contributed to produce the injury complained of. Upon the new trial which has been had, the evidence adduced seems to have taken the plaintiff’s case out of the condemnation of our previous judgment, so far, at least, as to render the question of the plaintiffs’ contributary negligence properly a question of fact to be submitted to the jury. It was so submitted, with instructions which did no violence to the principles upon which the previous appeal was determined; and there was no exceptions taken on the trial which seem to require discussion. It follows that the judgment and order now appealed from should be affirmed. All concur.  