Judgment and order reversed and new trial granted, costs to abide the event, for error in the instruction by the court at folio 239. Hirschberg, Thomas, Woodward and Rich, JJ., concurred; Burr, J., dissented.
Judgment and order reversed and new trial granted, costs to abide the event, for error in the instruction by the court at folio 239. Hirschberg, Thomas, Woodward and Rich, JJ., concurred; Burr, J., dissented.