Opinion
Argued November 25, 1913
Decided December 16, 1913
John D. Fearhake and Anson Beard for appellant.
Edward W. Hatch and Charles J. Hardy for respondent.
Judgment reversed and new trial granted, costs to abide event, on the ground that the positive testimony of the plaintiff and Brockway presented a question for determination by the jury; no opinion.
Concur: CULLEN, Ch. J., GRAY, WILLARD BARTLETT, CUDDEBACK, HOGAN and MILLER, JJ. Absent: WERNER, J.