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 veiy 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.