Respondent shall recover of appellant $60 costs and disbursements of this appeal. In view of the verdict of the jury we must assume that it was found as a fact that a burglary had indeed taken place. Certainly it was within the jury's province to arrive at this determination. That being so, we can see no justification to interfere with the judgment.
Nunez and Steuer, JJ., dissent in the following memorandum by Steuer, J.:
In this action on a burglary insurance...
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