Opinion
Argued October 24, 1934
Decided November 20, 1934
Appeal from the Supreme Court, Appellate Division, Second Department.
Elias Bernstein, Thomas Schleier and Seymour Kempner for appellant.
Bertram G. Eadie, Thomas Nunley and John H. Scully for respondent.
Judgment of the Appellate Division and that of the Trial Term reversed, and new trial granted, with costs to abide the event. Held, that the evidence presented a question of fact which should have been submitted to the jury. No opinion.
Concur: POUND, Ch. J., O'BRIEN, CROUCH and LOUGHRAN, JJ. Dissenting: CRANE, LEHMAN and HUBBS, JJ.