Opinion
November, 1928.
Judgment reversed upon the law and the facts and a new trial granted, costs to appellant to abide the event. Upon the evidence adduced at the inquest it is clear that plaintiff proved his case and was entitled to judgment. The case, however, should be retried and an opportunity given to defendant to present its evidence. Lazansky, P.J., Rich, Young, Kapper and Hagarty, JJ., concur.