I dissent upon the ground that "this case cannot be distinguished in principle from Vogel v. American Bridge Co. (180 N. Y. 373).
Judgment reversed, new trial ordered, costs to appellant to abide' event. • ' .
I dissent upon the ground that "this case cannot be distinguished in principle from Vogel v. American Bridge Co. (180 N. Y. 373).
Judgment reversed, new trial ordered, costs to appellant to abide' event. • ' .