
    Peter McCarthy, Respondent, v. Thomas H. Thorn, et al., Appellants.
    Decided June 28, 1889.
    Appeal from a judgment in favor of the plaintiff entered on the verdict of a jury and from an order denying a motion made upon the minutes “ to set aside the verdict and grant a new trial upon the exceptions taken on the trial, and because the verdict is for excessive damages and is contrary to the evidence, and is contrary to law.”
    Robert A. B. Dayton, for appellants.
    George G. Tabell, for respondent.
    Before Sedgwick, Ch. J., and Truax, J.
   The Court held (Truax, J., writing, Sedgwick, Ch. J., concurring)

that the only question in the case was the one presented by the defendant’s exception to the refusal of the court to dismiss the complaint, and that there was sufficient evidence to carry the case to the jury, and affirmed the judgment and order with costs.  