
    KREUSCH, Appellant, v. WERTHER & RAUSCH CO., Respondent.
    (Supreme Court, Appellate Division, Second Department.
    October 12, 1909.)
    Action by Robert Kreusch against the Werther & Bausch Company.
   PER CTJRIAM.

Judgment reversed, and new trial granted, costs to abide tbe event, for the error in striking ont tbe evidence respecting tbe promise of the foreman, and tbat with such evidence in the case there was a question for the jury, within the authority of Rice v. Eureka Paper Co., 174 N. Y. 385, 66 N. E. 979, 62 L. R. A. 611, 95 Am. St. Rep. 585.

BURR and RICH, JJ., dissent.  