Opinion
February, 1924.
Order setting aside verdict and granting new trial reversed upon the law, with costs, and verdict reinstated. The case having been submitted to the jury solely upon the issue of nuisance, and the court in its change having entirely eliminated the question of contributory negligence, the alleged erroneous testimony could have had no bearing upon the result. Kelly, P.J., Jaycox, Manning and Young, JJ., concur; Kapper, J., not voting.