Opinion
December Term, 1899.
Judgment reversed, new trial ordered, costs to appellant to abide event.
This case presents the same question as was presented in the case of Uptegrove v. Schwarzwaelder, decided herewith ( ante, p. 20), and for the reasons stated in the opinion in that case the judgment appealed from should be reversed and a new trial ordered, with costs to the appellant to abide the event. Van Brunt, P.J., concurred; McLaughlin, J., concurred in result; Patterson and O'Brien, JJ., dissented.