
    James Butler, Resp’t, v. Third Avenue Railroad Company App’lt.
    
      (Supreme Court, Appellate Term, First Department,
    
    
      Filed Feb'y 26, 1896.)
    
    Appeal—Affirmance.
    Where, in an action for personal injuries, the evidence is conflicting, but is sufficient to warrant a finding that the injuries complained of were the result of the defendant’s negligence and that plaintiff was free from fault, the judgment for plaintiff will be affirmed.
    Appeal from a judgment in favor of plaintiff.
    Hoadly, Lauterbach & Johnson, for app’It; John H. Rogan, for resp’t.
   PER CURIAM.

The return shows the usual conflict of evidence found in negligence cases. The evidence was sufficient to warrant the justice in finding that the injuries complained of were the result of the defendant’s negligence, and that the plaintiff was free from fault. The damages allowed were fully substantiated. We find no error.

Judgment affirmed, with costs.  