¶1Action at law by Edward Bailey against the Berwind Fuel Company. Judgment for plaintiff, and defendant brings error. Affirmed.
¶2Clarence Hartley, of Superior, Wis., for plaintiff in error. W. P. Crawford, of Superior, Wis., and R. S. Marriner, of Washington, Pa., for defendant in error.
¶3Before BAKER, ALSCHULER, and EVANS, Circuit Judges.
¶5Reversal of the judgment is sought on the sole ground that there was not sufficient evidence in favor of the position of the defendant in error to warrant the trial court in submitting the issue to the jury. We agree with the trial judge that there was. The judgment is affirmed.