Majority
Judgment affirmed, with costs.
At the close of plaintiff’s case defendant moved to dismiss upon two grounds, which in different form presented the question as to whether the plaintiff had established his cause of action. The motion having been denied, defendant excepted; and, as no testimony was offered in his behalf, and tho case went to the jury on the testimony for the plaintiff, and upon their rendering a verdict, no motion having been made for a new trial, the single question before us on this appeal is as to whether the plaintiff had made out a prima facie case. An examination of such testimony will show that every fact which it was necessary for the plaintiff to prove to justify a favorable inference of the jury was established, and, as it is not the province of this court to disturb a verdict which is fully supported, it follows that the judgment appealed from should be affirmed, with costs.
Present— Van Brunt, P. J., O’Brien and Parker, JJ.