Without passing upon the merits of the case until the facts and especially the nature and parts-of the frog and switch shall be sufficiently shown, by oral evidence; or by a suitable drawing or model, the judgment and order are reversed and a new trial ordered, costs $0 abide the-event, for the reason that upon the present evidence the case is not *929intelligible. Woodward, Jenks, Gaynor and Rich, JJ., concurred; Hooker, J., concurred in result.