
    Warren W. Feustel, Appellant, v. Hemphill Schools, Inc., Respondent, et al., Defendant.
    Argued April 3, 1957;
    decided May 16, 1957.
    
      
      Benjamin Heller and Joseph H. Sand for appellant.
    
      Patrick E. Gibbons and Ralph H. Terhune for respondent.
   Judgment of the Appellate Division reversed and a new trial granted, with costs to abide the event, upon the ground that, under all the surrounding circumstances, plaintiff made out a prima facie case raising issues of fact which were properly left to the jury for its determination. No opinion.

Concur: Conway, Ch. J., Desmond, Dye, Fuld, Van Voorhis and Burke, JJ. Froessel, J.,' dissents and votes to affirm.  