Opinion
Argued February 23, 1903
Decided March 6, 1903
John T. Sackett for appellant.
Henry De Forest Baldwin and Herbert C. Lakin for respondents.
This case involves the same question as the case of Kane Company v. Kinney, which we have just decided. ( 174 N.Y. 69.) The two cases were argued together and are governed by the same legal principles. On the authority of that case the judgment of the Appellate Division must be reversed and a new trial granted, with costs to the appellant to abide the event.
PARKER, Ch. J., BARTLETT, MARTIN, VANN, CULLEN and WERNER, JJ., concur.
Judgment reversed, etc.