
    MARTIN D. SCHOONMAKER, Respondent, v. FRANCIS McNally, appellant.
    Appeal from a judgment in favor of the plaintiff, entered upon the verdict of a jury, and from an order denying a motion for a new trial. The only question presented by the appeal, was, whether or not the court could say, as a matter of law, that the plaintiff was guilty of contributory negligence, and as the General Term were of the opinion that this could not be done, the judgment was affirmed.
    N. L. Slebbins, for the appellant.
    
      Ghas. A. Fowler, for the respondent.
   Opinion by Learned, P. J.

Present — Learned, P. J., Boardman and James, JJ.

Judgment and order affirmed.  