
    WAGNER v. EINHORN.
    (Supreme Court, Appellate Term.
    May 19, 1904.)
    1. Trial—Directing Verdict.
    Though the evidence would have justified setting aside a verdict for plaintiff, had one been rendered, as being against the weight of evidence, there being some contradictory evidence, it was error to direct a verdict for defendant
    V1. See Trial, vol. 46, Cent. Dig. § 383.
    
      Appeal from City Court of New York, Trial Term.
    Action by Otto Wagner against Hattie Einhorn From a judgment directed for defendant, plaintiff appeals. Reversed.
    Argued before FREEDMAN, P. J., and TRUAX and SCOTT, JJ.
    Epstein Bros., for appellant.
    Engel, Engel & Oppenheimer, for respondent.
   SCOTT, J.

If the cause had been submitted to the jury and a verplaintiff, court setting it aside as against the evidence. There was, however, some contradictory evidence in the case, and the direction of a verdict was consequently improper. McDonald v. Met. St. Ry. Co., 167 N. Y. 66, 60 N. E. 282.

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