Opinion
December 11, 1969
Appeal from the Erie Trial Term.
Present — Goldman, P.J., Marsh, Witmer, Moule and Henry, JJ.
Judgment unanimously reversed on the law and facts and a new trial granted on the question of liability only, with costs to abide the event. Same Memorandum as in Hatch v. King ( 33 A.D.2d 879), decided herewith.