
    Louis Handler, Appellant, v. The Metropolitan Street Railway Company, Respondent.
    Appeal from a judgment rendered in favor of the defendant in the Municipal Court of the city of New York, fifth district, borough of Manhattan.
    David W. Rockmore, for appellant.
    H. A. Robinson (G. Glenn Worden, of counsel), for respondent.
   Per Curiam.

The plaintiff failed to show either negligence on the part of the defendant or lack of negligence on his own part. His testimony is somewhat confused, but justifies the conclusion that he ran to board a., moving ear, and either slipped or stumbled as he was. in the act of boarding it.

The judgment is right and should be affirmed, with costs. •

Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment affirmed, with costs.  