Majority
p. 1001Robert Mignery, Appellant, v. William Gabriel, Respondent. Argued October 8, 1957; decided December 6, 1957.
p. 1003
Robert E. Fischer for appellant.
Paul C. Gouldin for respondent.
Judgment affirmed; no opinion.
Concur: Judges Desmond, Dye, Fuld, Van Voorhis and Burke. Chief Judge Conway and Judge Froessel dissent and vote to reverse and to grant a new trial upon the ground that a question of fact was presented which required submission to a jury.