
    Mary Heath, Respondent v. The Broadway and Seventh Avenue Railroad Company, Appellant.
    Decided July 2, 1891.
    Appeal by defendant from judgment entered upon the verdict of a jury, and from an order denying a motion for a new trial.
    Root & Clark, attorneys and of counsel, for appellant.
    Vanderpoel, Cuming & Goodwin, attorneys, and Henry Thompson of counsel, for respondent.
    Before Freedman, Dugro and Gildersleeve, JJ.
   The point involved was as to whether the trial judgé erred in refusing to charge that there was no evidence as to a certain fact in the case. The Court (Gildersleeve, J., writing, Freedman and Dugro, JJ., concurring) held that there was sufficient evidence to carry the cause to the jury on that fact, and affirmed -the judgment and order, with costs.  