Judgment and order reversed on the law, and new trial granted, with costs to abide the event, on authority of Dauch v. Theed [ante, p. 682], decided herewith. Rich, Jayeox and Manning, JJ., concur; Kelly, P. J. and Kapper, J., dissent.
Judgment and order reversed on the law, and new trial granted, with costs to abide the event, on authority of Dauch v. Theed [ante, p. 682], decided herewith. Rich, Jayeox and Manning, JJ., concur; Kelly, P. J. and Kapper, J., dissent.