The plaintiff had the affirmative as the record a to open case. did not claim the affirmative and the record does not show that it was denied him, therefore it was proper for the trial justice to deny his application for the affirmative in summing up. The paper marked Plaintiff’s Exhibit Nunber 3 and set out on page 82 of the printed case was certainly properly admitted in evidence because the witness Scott testified that it was a copy of a paper given him (Scott) by the defendant Tyng personally, which paper the witness said Tyng claimed fixed his compensation and claim to the fund in the “ Scbreyer matter.” The testimony submitted fully justifies the verdict rendered, and we find no error in the charge of the trial justice. The verdict is therefore affirmed with costs.
All concur.