Opinion
Argued January 22, 1937
Decided March 9, 1937
Appeal from the Supreme Court, Appellate Division, Third Department.
J. Stanley Carter and M. James Conboy for appellant.
Harold W. Turner for respondent.
Judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Division, on the ground the evidence presented a question of fact for the jury. No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, LOUGHRAN, FINCH and RIPPEY, JJ. Taking no part: HUBBS, J.