Opinion
December 17, 1958
Appeal from the Seneca Trial Term.
Present — McCurn, P.J., Williams, Bastow, Goldman and Halpern, JJ.
Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: In our opinion questions of fact were presented which should have been submitted to a jury. All concur, except Williams, J., who dissents and votes for affirmance.