Judgment reversed and new trial granted, costs to abide the event, upon the ground that the issues should have been submitted to the jury. Thomas, Carr and Rich, JJ., concurred; Jenks, P. J., and Hirschberg, J., dissented.
Judgment reversed and new trial granted, costs to abide the event, upon the ground that the issues should have been submitted to the jury. Thomas, Carr and Rich, JJ., concurred; Jenks, P. J., and Hirschberg, J., dissented.