
    William E. Uptegrove et al., Respondents, v. The Central Railroad Co. of New Jersey, Appellant.
    (City Court of New York
    General Term,
    November, 1895.)
    Where each, side moves for a direction of a verdict in his favor, this constitutes a submission of the law and facts to the court for its. determination. . "
    Appeal from judgment in favor of the plaintiffs, entered upon a. verdict directed by ,the court.
    
      I)e Borest^Brothers, for appellant. ''
    
      M.'P. O' Gonnor, for .respondent. >'
   McOabthy, J.

Both sides having moved for á direction of a verdict, left the question of law and fact to the trial, justice‘to determine.

We have examined the facts vei'y carefully and under Park v. Preston, 108 N. Y. 434, 487, think the judgment should be .affirmed, and, so ordered, with costs. See Jennings v. Grand Trunk Railway of Ganada, 127 N. Y. 449.

Fitzsimons, J., concurs:

judgment affirmed, with costs.  