Judgment reversed and new trial granted, with costs to appellant to abide event. Held, that it was prejudicial error to exclude the testimony of the witness Catherine Burns, a child ten years of age, in the absence of a preliminary examination of the witness by the presiding justice, to ascertain her capacity and the extent of her knowledge.* All concur.
See Code Civ. Proe. § 850; now Civ. Prae. Act, § 365.— [Rep.