We are of opinion, upon an examination of tbe whole evidence, tbat there is a conflict in tbe testimony, and tbat there is some evidence tbat plaintiff was an independent contractor, and, therefore, tbat bis Honor committed error in giving a peremptory instruction to tbe jury.

We refrain from discussing tbe evidence, because, in doing so, we might give undue weight to certain phases of it, and prejudice the rights of tbe parties upon another trial.

New trial.