The verdict was contrary to the weight of the evidence, and the case was submitted to the jury on an erroneous theory of law. The judgment so far as appealed from and the order denying new trial should be reversed and a new trial ordered, with costs to appellant to abide the event. Present —■ Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. Judgment and order so far as appealed from reversed and new trial ordered, with costs to appellant to abide the event.