Opinion
Argued October 27, 1925
Decided November 24, 1925
Appeal from the Supreme Court, Appellate Division, Third Department.
Philip A. Rorty for appellant.
Ellsworth Baker for respondent.
Judgment affirmed, with costs; no opinion.
Concur: CARDOZO, POUND, CRANE and ANDREWS, JJ.; HISCOCK, Ch. J., McLAUGHLIN and LEHMAN, JJ., vote to modify judgment by ordering new trial.