
    STEINMAN, Respondent, v. INTERURBAN ST. RY. CO., Appellant.
    (Supreme Court, Appellate Term.
    March 24, 1904.)
    Action by Ignatz Steinman against the Interurban Street Railway Company. From a judgment for plaintiff, defendant appeals. Reversed.
    Henry W. Goddard and William E. Weaver, for appellant.
    Sol De Young (Frank Herwig, of counsel), for respondent.
   SCOTT, J.

A former judgment in favor of plaintiff was reversed, on the ground that upon plaintiff’s own evidence it affirmatively appeared that he had been guilty of contributory negligence. 84 N. Y. Supp. 231. The evidence upon the present trial does not differ in any essential particular from that on the former trial. The judgment should be reversed, and a new trial granted, with costs to appellant to abide the event. All concur.  