Opinion
November 18, 1942.
Present — Cunningham, Taylor, Dowling, Harris and McCurn, JJ.
Order denying motion for a new trial on the ground of newly-discovered evidence reversed and motion for a new trial granted with costs to the appellant to abide the event. Appeals from the judgment and the orders granting the dismissal and denying the motion for a new trial on the minutes dismissed, without costs, as academic in view of the decision on the appeal from the order denying a new trial on the ground of newly-discovered evidence. All concur. (The judgment dismisses plaintiff's complaint in an action for damages for personal injuries sustained by reason of the negligent wrecking of a building. The first order grants the dismissal on the merits and amends the clerk's minutes to strike out the words "without prejudice;" the second and third orders deny plaintiff's motions for a new trial.)