Judgment unanimously reversed, on the law and facts, and a new trial granted, with costs to abide the event. Same memorandum as in Buckeye Pipeline Co. v. Congel-Hazard (41 A D 2d 590) decided herewith. (Appeal from judgment of Onondaga Trial Term dismissing complaint in action for damages to pipeline.) Present — Goldman, P. J. Harsh, Houle, Cardamone and Henry, JJ.