Opinion
Argued April 15, 1931
Decided May 12, 1931
Appeal from the Supreme Court, Appellate Division, Second Department.
Henry Hirschberg for appellant.
Franklin A. Schriver, District Attorney, for respondent.
Judgment of the Appellate Division and that of the Trial Term reversed and a new trial ordered on the ground that the evidence fails to show that the fire which destroyed the defendant's property was of incendiary origin; no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ.