We think the judgment should be reversed and a new trial ordered on the authority of Bohm v. Loewers Brewing Company, 16 Daly, 80; Rathbun v. Snow, 15 id. 141; 123 N. Y. 343; Westerfield v. Radde, 7 Daly, 326. Costs to appellant to abide the event.
Bischoff, J., concurs.
Judgment reversed, new trial ordered, costs to appellant to abide event.