
    Lucy Hackett, Respondent, v. The Metropolitan Street Railway Co., Appellant.
    Appeal by the defendant from a judgment of the General Term of the City Court, affirming a judgment of the City Court, entered in favor of the plaintiff upon the verdict of the jury.
    Henry A. Robinson (John T. Little, Jr., of counsel), for appellant.
    Michael J. Joyce, for respondent.
   Freedman, P. J.

An examination of the record in this case discloses a conflict of evidence, and the jury, by their verdict, adopted the view claimed by the plaintiff on the trial.

Under the facts and circumstances shown by the testimony, it was the duty of the court to submit the questions of the freedom from contributory negligence on the part of the plaintiff, and the negligence of the defendant to the jury, and there was sufficient evidence upon both branches of the case to authorize the finding made by them.

MacLean, J., concurs; Leatentritt, J., taking no part.

Judgment affirmed, with costs to respondent.  