
    WALTHER, Appellant, v. BARBER ASPHALT CO., Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    November 25, 1914.
    Action by Carl Walther against the Barber Asphalt Company.
   No opinion. Judgment reversed, and new trial granted, with costs to appellant to abide event. Held, under the rule laid down in the case of McDonald v. Metropolitan St. Ry. Co., 167 N. Y. 66, 60 N. E. 282, the case should have been submitted to the jury.  