John Opitz, tbe plaintiff, recovered judgment against tbe Town of Newcastle for the sum of $1500, from which judgment tbe defendant has appealed.

Tbe action herein grew out of tbe same accident set forth in tbe case of Christine Opitz v. The Town of Newcastle, this day decided. No separate briefs were filed by counsel in this ease, but it was stipulated by them that tbe briefs filed in tbe Christine Opitz case should be considered, as far as applicable, in this case. Presumably tbe defendants and appellants rely upon tbe same points urged and argued in tbe Christine Opitz ease. At least no other points have been called to our attention and so far as we have examined tbe record in this case, the evidence seems to be substantially that produced in tbe Christine Opitz case. Tbe result of this case, accordingly, must be tbe same as that in tbe Christine Opitz case, which has this day been affirmed. It is accordingly ordered that tbe judgment in this case be, and tbe same is hereby, affirmed.

Affirmed.