The verdict, as found by the jury, has never been affirmed. *396The affirmation was of the erroneous verdict. According to the authorities, the exceptions must be sustained. The defendant, on his motion, is entitled to have the verdict set aside. Snell v. Bangor Navigation Co., 30 Maine, 337; Withee v. Rowe, 45 Maine, 571.
Tenney, C. J., Appleton, Cutting, May and Davis, JJ., concurred.