Opinion
Argued January 20, 1910
Decided February 8, 1910
C.D. Kiehel for appellant.
W.A. Matson for respondent.
Order of Appellate Division reversed and judgment of trial court affirmed, with costs in both courts, on dissenting opinion of KRUSE, J., below.
Concur: CULLEN, Ch. J., GRAY, EDWARD T. BARTLETT, HAIGHT, VANN, WILLARD BARTLETT and CHASE, JJ.