
    GATES SHERWOOD and others, Executors, etc., Appellants, v. THE MERCANTILE MUTUAL INSURANCE COMPANY, Respondent.
    
      When v&rdiat may not he directed by the eowrt— conflict of evidence.
    
    The court is not authorized to direct the jury to find a verdict for a party, when there is a conflict in the evidence, or a dispute about the facts, unless there is such a preponderance of evidence on one side that a verdict. to the contrary would be set aside as being against evidence. (Stone v. Flower, 47 ST. Y., 566; 3 Wait’s Pr., 181, 182.)
    Whether there be any evidence is for.the court; whether there be sufficient evidence is for the jury. (Anderson v. Moriee, L. R. [10 C. P.], 58.)
    
      Appeal by the plaintiffs from an order denying a new trial.
    
      F. Porter, for appellant. George B. Hubbard, for respondent.
   Opinion by

Gilbert, J.

Present — MulliN, P. J., Smith' and Gilbert, JJ.

Order reversed and a new trial granted, with costs to abide the event.  