
    LUDERER, Appellant, v. MACKAY, Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    January 25, 1905.)
    Action by Richard Luderer against Robert A. Maekay.
   PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event. Held, that upon all the evidence the plaintiff established a prima facie case, which he was entitled to have submitted to the jury.

McLennan, P. J., dissents. STOVER, J„ not voting.  