
    HUTKOFF, Respondent, v. HERTER et al., Appellants.
    (City Court of New York,
    General Term.
    August 4, 1898.)
    Action by Nathan Hutkoff against Peter Herter and others.
    George M. Levdentritt, for appellants.
    John F. Coffin, for respondent.
   OLCOTT, J.

This is an appeal by the plaintiff from a judgment entered herein for the sum of $378.32 upon a verdict of a jury in plaintiff’s favor and from an order denying a motion for a new trial, and the only questions raised by the appellants relate to the rejection and exception of certain testimony. We have carefully examined the record, and, while we find certain of the 70 exceptions taken by the appellant to have been justified, we believe that the learned trial justice did not fall into any . error which was material, nor improperly admit any evidence of sufficient importance to have affected the verdict of the jury, or to have distracted the minds of its members from the issues of the action. The exceptions are numerous, and we shall not refer to them in detail, inasmuch as we read from the record that the case was fairly presented to the jury upon the relevant and material testimony which was adduced, and after a careful and impartial charge. The verdict does not appear to have been against the weight of evidence nor contrary thereto. The judgment and order appealed from should be affirmed, with costs to the •.respondent. All concur.  