
    Emma E. McCabe and Another, Respondents, v. The City of Buffalo, Appellant.
    Judgment and order appealed from affirmed. — Appeal by the defendant from a judgment entered on the verdict of a jury in favor of the plaintiff at the Erie Circuit, and from an order denying the defendant’s motion for a new trial on the minutes of the court.—
   Per Curiam:

This case was once before in this court on a similar appeal by the defendant, and a new trial was granted on the ground that the evidence failed to show that the plaintiffs were not guilty of negligence which contributed to produce the injury complained of. (Same title, 45 N. Y. St. Repr. 457.) Upon the new trial which has been had the evidence adduced seems to have taken the plaintiffs’ case out of the condemnation of our previous judgment, so far, at least, as to render the question of the plaintiffs’ contributory negligence properly a Suestion of fact to be submitted to the jury. ; was so submitted with instructions which did no violence to the principles upon which the previous appeal was determined, and there were no exceptions taken on the trial which seem to require discussion. It follows that the judgment and order now appealed from should be affirmed.

Present — Dwight, P. J., Lewis and Haight, JJ.  