Opinion
Argued December 5, 1916
Decided December 28, 1916
Amos Van Etten for appellant.
N. Frank O'Reilly, John T. Loughran and William H. Grogan for respondent.
Order of Appellate Division reversed and judgment of Trial Term affirmed, on the dissenting opinion of SMITH, P.J., below, with costs in the Appellate Division and in this court.
Concur: WILLARD BARTLETT, Ch. J., HISCOCK, CHASE, COLLIN, CUDDEBACK, HOGAN and POUND, JJ.