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Pew v. International News Service, Inc.

211 A.D. 860 Court N.Y. App. Div. English

Judges Kelly, P. J., Ricb, Jaycox and Young, JJ., concur; Kelby, J., dissents.

Contents

Majority

p. 860
Marlen E. Pew, Respondent, v. International News Service, Inc., Appellant.

Judgment and order reversed on the law and a new trial granted, with costs to abide the event. We think the trial justice was in error in ruling as a matter of law that plaintiff was discharged from his employment. In our opinion this question was for the determination of the jury upon the letter of January

p. 861
5, 1923, and tbe surrounding circumstances disclosed upon tbe trial.

Kelly, P. J., Ricb, Jaycox and Young, JJ., concur; Kelby, J., dissents.