Shapiro v. Rosenthal , 156 N.Y.S. 1145 ( 1915 )

PER CURIAM.

We think upon this evidence the¡ court was required to submit the question as to the defendant’s liability to the jury. The judgment is therefore reversed and a new trial ordered, with costs to appellant to abide the event. Order filed.

Ingraham, P. J., and Dowling, J., dissenting and voting to affirm.