We are of opinion that the verdict is against the weight of evidence. The judgment and order are, therefore, reversed and a new trial ordered, with costs to the appellant to abide the ' event.
Present — Clarke, P. J., McLaughlin, Laughlin, Dowling and Page, JJ.; Dowling and Page, JJ., dissented and voted for affirmance.
Judgment and order reversed and new trial ordered, with costs to appellant to abide event.