Judgment reversed, new trial ordered, costs to appellant to abide event, on the ground that there was a question of fact for submission to the jury. Present —Clarke, P. J., McLaughlin, Scott, Smith and Page, JJ.;. Scott, J., dissented.
Judgment reversed, new trial ordered, costs to appellant to abide event, on the ground that there was a question of fact for submission to the jury. Present —Clarke, P. J., McLaughlin, Scott, Smith and Page, JJ.;. Scott, J., dissented.