Appellate Division of the Supreme Court of New York, 1924

Pew v. International News Service, Inc.

Pew v. International News Service, Inc.
Appellate Division of the Supreme Court of New York · Decided December 15, 1924 · Jaycox, Kelby, Kelly, Ricb, Young
211 A.D. 860
Pew v. International News Service, Inc.

Opinion of the Court

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 *8615, 1923, and tbe surrounding circumstances disclosed upon tbe trial.

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

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