Walper v. State , 236 A.D. 884 ( 1932 )

— Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event, on the ground that a question of fact was presented as to the prevailing rate of wages in the category of labor in which the claimant was engaged, and, therefore, the nonsuit was erroneous. All concur, except Edgcomb and Crosby, JJ., who dissent and vote for affirmance.