
    Dennis Deegan, Appellant, v. The Metropolitan Street Railway Co., Respondent.
    Appeal by the plaintiff from a judgment of the Municipal Oourt of the city of Hew York, borough of Manhattan, rendered in favor of the defendant upon a trial had before the court without a jury.
    Action to recover damages claimed to have been sustained in consequence of the defendant’s alleged negligence.
    La Fetra & Glaze (E. B. La Fetra, of counsel), for appellant.
    Henry A. Robinson and John T. Little, Jr., for respondent.
   Giegebich, J.

The only questions involved upon this appeal arise from a determination of the facts, as to which there was a conflict of testimony. The finding of the justice in favor of the defendant is warranted by the evidence, and we see no reason for disturbing such determination in the absence of the elements which are requisite to a review of the facts. Lynes v. Hickey, 4 Misc. Rep. 522.

As we are unable to discover any ground for disturbing the judgment, it should be affirmed, with costs.

Beekman, P. J., and O’Gorman, J., concur.

Judgment affirmed, with costs.  