
    Joseph P. Carney, Appellant, v. Penn Realty Company, Respondent.
    This ease presented to the referee a question of fact only. Upon this question there was conflicting evidence, and the duty of deciding upon this conflict of evidence rested with the referee. There is no such preponderance of evidence in favor of plaintiff as would justify this court' in interfering with his decision. The plaintiff had a fair trial, and was given great latitude in the admission of his evidence. There was no material error. Judgment unanimously affirmed, with costs.
   Present — Jenks, P. J., Thomas, Putnam, Blaekmar and Kelly, JJ.  