Opinion
Argued January 21, 1907
Decided February 19, 1907
C.E. Spencer for appellant.
Theodore E. Hancock for respondent.
Judgment affirmed, with costs; no opinion.
Concur: CULLEN, Ch. J.; EDWARD T. BARTLETT, HAIGHT, HISCOCK and CHASE, JJ., concur on the ground that the alleged errors were so cured by the subsequent charge as to become harmless; GRAY and WILLARD BARTLETT, JJ., dissent upon the ground that it was error to leave the case with the jury upon the instruction that there was a legal presumption that the plaintiff was not sui juris.