Judgment reversed upon the law and new trial granted, costs to abide the event. The charge of the court appearing at folio 566 was plainly erroneous and we cannot say that it was not prejudicial to plaintiff. No exception was taken to it, but, in the interests of justice, we think a new trial should be -had. Lazansky, P. J., Rich, Young, Hagarty and Scudder, JJ., concur.