
    De Witt C. Simmons, Plaintiff, v. Village of Phelps, Defendant.
   Plaintiff's exceptions overruled, motion for new trial denied, with costs, and judgment directed for the defendant upon the verdict, with costs. All concurred, except McLennan, P. J„ who dissented upon the ground that the question of defendant’s negligence and of plaintiff’s freedom from contributory negligence were questions of fact for the jury, and Robson, J., not voting.  