#### Patrick C. Kelly, Appellee, v. Chicago City Railway Company, Appellant.

Gen. No. 23,297.

(Not to he reported in full.)

Abstract of the Decision.

1. Street railroads, § 131 * —when findings as to negligence and contributory negligence not disturbed. Evidence held insufficient to warrant disturbing findings as to defendant’s negligence and plain tie’s contributory negligence, in an action to recover damages for personal injuries sustained by a collision between plaintiffs wagon and defendant’s street car.

2. Appeal and error, § 1631*—when remarks of counsel are harmless error. An improper remark of counsel for plaintie in a personal injury case, which was withdrawn on objection thereto, did not constitute reversible error under the circumstances.

Appeal from the Superior Court of Cook county; the Hon. M. L. McKinley, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1917.

Affirmed.

Opinion filed March 13, 1918.

Certiorari denied by Supreme Court (making opinion final).

Statement of the Case.

Action by Patrick C. Kelly, plaintiff, against Chicago City Railway Company, defendant, to recover damages for personal injuries. From a judgment for plaintiff for $2,000, defendant appeals.

Joseph D. Ryan and Watson J. Ferry, for appellant; W. W. Gurley and J. R. Guilliams, of counsel.

James C. Me Shane and Richard J. Finn, for appellee.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice O’Connor

delivered the opinion of the court.