Judgment reversed, with costs, and complaint dismissed, with costs, on the ground that the action was brought and tried on the theory of negligence, and that no negligence was shown. Present — Clarke, P. J., Dowling, Smith, Shearn and Merrell, JJ.
Judgment reversed, with costs, and complaint dismissed, with costs, on the ground that the action was brought and tried on the theory of negligence, and that no negligence was shown. Present — Clarke, P. J., Dowling, Smith, Shearn and Merrell, JJ.