McCARTHY, J.
Both sides, having moved for a direction of a verdict, left the questions of law and fact to the trial justice to determine. We have examined the facts very carefully, and, under Park v. Preston, 108 N. Y. 434, 437, 15 N. E. 705, think the judgment should be affirmed, and it is so ordered, with costs. See Jennings v. Railway Co., 127 N. Y. 449. 28 N. E. 394.