Judgment and order reversed on the law and facts and new trial granted, with costs to the appellant to abide the event.
MeNamee, Crapser and Bliss, JJ., concur; Heffernan, J., dissents, with an opinion, in which Hill, P. J., concurs.
Judgment and order reversed on the law and facts and new trial granted, with costs to the appellant to abide the event.
MeNamee, Crapser and Bliss, JJ., concur; Heffernan, J., dissents, with an opinion, in which Hill, P. J., concurs.