
    Eugene K. Woolever, Respondent, v. The Utica, Ithaca and Elmira Railway Company, Appellant.
    (Submitted June 19, 1889;
    decided June 28, 1889.)
    Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made January 23, 1886, which affirmed a judgment in favor •of plaintiff, entered upon a verdict, and affirmed an order -denying a motion for a new trial.
    
      James Armstrong for appellant.
    
      Dailey & Bentley for respondent.
   Agree to affirm ; no opinion.

All concur, except Follett, Oh. J., not voting.

Judgment affirmed.  