Opinion
November, 1895.
De Forest Brothers, for appellant.
M.P. O'Connor, for respondent.
Both sides having moved for a direction of a verdict, left the question of law and fact to the trial justice to determine.
We have examined the facts very carefully and under Park v. Preston, 108 N.Y. 434, 437, think the judgment should be affirmed, and, so ordered, with costs. See Jennings v. Grand Trunk Railway of Canada, 127 N.Y. 449.
FITZSIMONS, J., concurs.
Judgment affirmed, with costs.