
    BERWIND FUEL CO. v. BAILEY.
    (Circuit Court of Appeals, Seventh Circuit.
    May 2, 1923.
    Rehearing Denied June 8, 1923.)
    No. 3219.
    Action at law by Edward Bailey against the Berwind Fuel Company. Judgment for plaintiff, and defendant brings error. Affirmed.
    Clarence Hartley, of Superior, Wis., for plaintiff in error. W. P. Crawford, of Superior, Wis., and R. S. Marriner, of Washington, Pa., for defendant in error.
    Before BAKER, ALSCHULER, and EVANS, Circuit Judges.
   PER CURIAM.

Reversal of the judgment is sought on the sole ground that there was not sufficient evidence in favor of the position of the defendant in error to warrant the trial court in submitting the issue to the jury. We agree with the trial judge that there was. The judgment is affirmed.  