Judgment and order reversed and new trial granted, costs to abide the event, for error in refusal to charge as requested at folio 596 of the record on appeal. Jenks, P. J., Burr, Carr and Rich, JJ., concurred; Thomas, J., dissented.
Judgment and order reversed and new trial granted, costs to abide the event, for error in refusal to charge as requested at folio 596 of the record on appeal. Jenks, P. J., Burr, Carr and Rich, JJ., concurred; Thomas, J., dissented.