Opinion
December 17, 1958
Appeal from the Monroe Trial Term.
Present — McCurn, P.J., Williams, Bastow, Goldman and Halpern, JJ.
Judgment insofar as it relates to Donald Fowler affirmed, without costs of this appeal to either party; judgment insofar as it relates to Howard L. Fowler reversed on the law and facts and a new trial granted, with costs to appellant to abide the event. Memorandum: There were questions of fact presented which should have been submitted to the jury. All concur.