
    MONARCH ROAD ROLLER CO., Respondent, v. STEWART-KERBAUGH-SHANLEY CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    April 30, 1913.)
    Action by the Monarch Road Roller Company against the Stewart-Kerbaugh-Shanley Company.
   PER CURIAM.

Judgment reversed, and new trial granted, with costs to appellant to abide event. Held, first, that it was a question of fact as to whether it was the negligence of the engineer of the appellant which caused the fire; and, second, that in case the jury should find that it was the negligence of the respondent’s engineer which caused the fire, then the evidence presented a question of fact as to whether at the time the respondent’s engineer was engaged in the work of the appellant or in the work of the respondent. See, also, 154 App. Div. 918, 138 N. Y. Supp. 1130.

FOOTE, J., dissents.  