The judgment of the Supreme Court was entered, March 10th 1879.

The questions in this case were fairly submitted to the jury in a full and accurate charge by the learned president of the court below. The principles enunciated by him we consider as entirely settled in Brua’s Appeal, 5 P. F. Smith 294, and Smith v. Bouvier, 20 Id. 325. In no view of the charge as a whole was it equivalent to a binding instruction for the defendant.

Judgment affirmed.