I concur. I entertain no doubt that a new trial is the right of the appellants. In the trial of issues ordered to be disposed of by a jury, the rules of evidence must be observed as they exist, and cannot be dispensed with, although in some instances a reversal need not follow because harmless evidence was received.
Present — Brady, P. J., and Daniels, J.Judgment and order reversed and new trial granted, with costs to abide event.