Brady, J.
This case has been before the general term previously, and a new trial granted. (44 How. 139). The opinion contains only a review of the proceedings at the re-trial and a brief expression of the principle enunciated in the head note. It is believed unnecessary to publish it at length. The jury at the trial found in favor of the plaintiff for $3,500 damages, for which judgment was entered.
Judgment affirmed.