
    GLASER v. MICHELSON.
    (Supreme Court, Appellate Term.
    January 25, 1904.)
    1. Master and Servant—Servant’s Injuries—Evidence oe Relation-Sufficiency.
    Evidence that plaintiff asked defendant’s agent what he should do, and was told to go to the top floor and put up casings, and that he thereupon went and started to work on a brick arch which was there, and which broke under him so that he fell through, did not prove employment by defendant and masterful direction by him to plaintiff to work on a place which defendant was legally bound to provide as safe, where the uncontradicted evidence by the agent was that plaintiff was not employed by defendant, but by a carpenter doing the carpenter work.
    2. Appeal—Questions Reviewable—Sufficiency of Evidence.
    On appeal from an order refusing a new trial the court may scrutinize all the evidence, and determine whether the verdict is not contrary thereto, although no motion was made at the close of the plaintiff’s case, or after the evidence was all in.
    Appeal from City Court of New York, Trial Term-.
    Action by Samuel Glaser against Sarah Michelson. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Reversed.
    Argued before FREEDMAN, P. J., and MacLEAN and DAVIS, JJ.
    John E. Brodsky, for appellant.
    Manheim & Manheim, for respondent.
   MacLEAN, J.

Judgment reversed, and a new trial ordered, with costs to the appellant to abide the event. All concur.  