Judgments so far as appealed from reversed and complaint against appellant dismissed, with costs in all courts. The record fails to disclose any evidence of negligence or nuisance as against appellant. (See, also, subdivision 2 of section 583 of Civil Practice Act.) No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ. *Page 694