
    SAVAGE v. FAULHABER.
    (Supreme Court, General Term, First Department.
    November 15, 1895.)
    Appeal—Review—Stjeeiciency oe Evidence.
    Where the testimony shows that every fact which it was necessary for plaintiff to prove to justify the verdict was established, and no evidence was given by defendant, the judgment thereon must be affirmed.
    Appeal from circuit court, New York county.
    Action by Harvey H. Savage, an infant, by James H. Laird, his guardian ad litem, against William D. Faulhaber, for personal injuries. Judgment was rendered on a verdict in favor of plaintiff, and defendant appeals. Affirmed.
    Argued before VAN BRUNT, P. J., and O’BRIEN and PARKER, JJ.
    Louis Wendel, Jr., for appellant.
    James H. Laird, for respondent.
   PER CURIAM.

At the close of plaintiff’s case, defendant moved to dismiss upon two grounds, which in different forms 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 the 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.  