
    JOCKER, Respondent, v. BROOKLYN HEIGHTS R. CO., Appellant.
    (Supreme Court, Appellate Division, Second Departments
    March 5, 1909.)
    Action by Charles Jockei against the Brooklyn Heights Railroad Com • pany.
   PER CURIAM.

We think the judgmem; must be reversed for the failure of the plain v tiff to give any evidence that showed or tended to show the exercise of due care upon his par t to avoid the accident. Judgment of the Municipal Court reversed, and new trial ordered costs to abide the event.  