
    Isaac Stern, an Infant, by Guardian, etc., Respondent, v. The Metropolitan Street Railway Company, Appellant.
    Appeal from a judgment rendered in favor of the plaintiff in the Municipal Court of the city of Mew York, 'fifth district, borough of Manhattan.
    H. A. Robinson (G. Glenn Worden, of counsel), for appellant.
    S. N. Tuckman, for respondent.
   Per Curiam.

The. evidence for the plaintiff shows a lad six years old, and near the middle of the block he attempted to cross the rails, when the defendant’s horse ear was approaching from a point four or five houses distant. The boy was struck by one of the horses and injured. The case was submitted to the jury on this proof, a motion to dismiss the complaint having been denied. Conceding the driver negligent, the child was equally so, and the motion to dismiss should have been granted.

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

Judgment reversed and new trial ordered, with costs to abide event.  