Kreusch v. Werther & Rausch Co.

Judgment reversed and new trial granted, costs to abide the event, for the error in striking out the evidence respecting the promise of the foreman, and that with such evidence in the case there was a question for the jury within the authority of Rice v. Eureka Paper Co. ( 174 N. Y. 385 ). Jenks, Gaynor and Miller, JJ., concurred; Burr and Rich, JJ,, dissented.