
    Patrick Skelly, Appellant, v. The Metropolitan Elevated Railway Company et al., Respondents.
    (Argued January 18, 1899;
    decided February 3, 1899.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 12, 1896, reversing a judgment in favor of plaintiff entered upon a decision of the late Superior Court of the city of New York on trial at Special Term, and. granting a new trial.
    
      Skelly v. Metropolitan Elevated R. Co., 1 App. Div. 51, affirmed.
    _Eugene D. Hawkins and Edward W. S. Johnston for appellant.
    
      Sidney Smith, Julien T. Davies and Charles A. Gardiner for respondents.
   Order affirmed and judgment absolute ordered for defendants on the stipulation, with costs, on opinion below.

All. concur, except Martin and Vann, JJ., dissenting.  