
    John Quinn, Appellant, v. Blanchard B. Weber and Another, Doing Business under the Firm Name and Style of Salamanca Republican-Press, Respondents.
   Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event. The article published charged plaintiff with having been arrested and with having escaped from the arresting officers, a crime. (Penal Law, § 1694.) This, if untrue, was libelous per se. Plaintiff’s proof showed unqualifiedly that there had been neither an arrest nor an escape. The nonsuit was, therefore, erroneous. All concur.  