Opinion
May 5, 1954.
Present — McCurn, P.J., Vaughan, Kimball, Piper and Wheeler, JJ.
Order affirmed, with $10 costs and disbursements. Memorandum: We feel that under the circumstances presented in the pleading the question of whether or not plaintiff has a cause of action should be determined after a development of the facts upon the trial. All concur, except Piper, J., who dissents and votes for reversal and for granting the motion.