The plaintiff, a child eight and a half years old, started to cross the street, not at a public crossing, and met a wagon, which drew up to let her pass, and immediately beyond she was struck by the defendant’s wagon, going in the same direction. There was no evidence of defendant’s negligence except the child’s expression that the horse flew past “like a bird. ” It would be unsafe to base a verdict on anything so indefinite.

Judgment affirmed.