McCarthy, J.
This was decidedly a question of fact to be determined by the jury. After a careful examination of the evidence we find no reversible error. We think the trial justice fairly and properly presented the same. The. authorities cited by the appellant are all good law, but in our judgment do not apply to the case at bar. The judgment and order appealed from is, therefore, affirmed, with costs. Yak Wyok, Ch. J., and Fitzsimóks, J., concur.
Judgment and order affirmed,, with costs.