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McOabthy, J. Both sides having moved for á direction of a verdict, left the question of law and fact to the trial, justice‘to determine.
We have examined the facts vei'y carefully and under Park v. Preston, 108 N. Y. 434, 487, think the judgment should be .affirmed, and, so ordered, with costs. See Jennings v. Grand Trunk Railway of Ganada, 127 N. Y. 449.
Fitzsimons, J., concurs:
judgment affirmed, with costs.
Document Info
Judges: McOabthy
Filed Date: 11/15/1895
Precedential Status: Precedential
Modified Date: 11/10/2024