Opinion
Argued May 31, 1910
Decided June 17, 1910
W.B. Symmes, Jr., for appellant.
Walter H. Dodd and Howard A. Sperry for respondent.
Order modified by striking out all provisions relating to costs and by ordering a new trial, with costs to abide the event, and as modified affirmed, with costs to abide the event. Questions certified not answered because the appeal is from a final judgment; no opinion.
Concur: CULLEN, Ch. J., GRAY, HAIGHT, VANN, WERNER, HISCOCK and CHASE, JJ.