(concurring.) I concur in the opinion in the first case, and in the result in the second case I see no reason to disagree with the conclusion of the learned justice who set aside the verdict and granted a new trial.
The plaintiff, after giving in evidence the judgment in Lipe v. Eisenlerd, asked leave to withdraw it, and it was not read. Whether it would be evidence against him if offered by defendants in another trial I am not willing to say.