Opinion
Argued November 24, 1936
Decided December 31, 1936
Appeal from the Supreme Court, Appellate Division, Fourth Department.
John Van Voorhis for appellant.
William C. Combs for respondent.
Judgment of the Appellate Division and that of the Trial Term reversed and new trial granted, with costs to abide the event. We are of the opinion that the evidence presented a question of fact for the jury. No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, CROUCH, LOUGHRAN and FINCH, JJ.