
    MALBERG v. SUN PRINTING & PUBLISHING ASS’N.
    (Supreme Court, Appellate Term.
    July 6, 1900.)
    Trial—Questions fob Jury—Conflicting Evidence.
    Where there is a conflict of evidence, issues of fact should be submitted to the jury.
    Appeal from municipal court, borough of Manhattan, Tenth district.
    Action by William Malberg against the Sun Printing & Publishing Association. From a judgment in favor of defendant, plaintiff appeals.
    Reversed.
    Argued before TRUAX, P. J., and SCOTT and DUGRO, JJ.
    Gignoux & Gignoux, for appellant.
    F. Bartlett, for respondent.
   PER CURIAM.

There was a clear conflict of evidence, and the case should have been submitted to the jury.

Judgment reversed, and new trial ordered, with costs to appellant tó. abide the event.  