There being no assignment of error on any question of law, ' and the evidence being sufficient to support the verdict, the discretion of the trial judge in refusing to grant a new trial will not be disturbed.
Judgment affirmed.
All the Justices concur. Action for damages. Before Judge ICimsey. Stephens superior court. July 20, 1909. Fermor Barrett and A. G. & Julian McGurry, for plaintiff in error. Howard Thompson, contra.