Majority
p. 925Margaret Rooney, as Administratrix, etc., of John Rooney, Deceased, Respondent, v. Brogan Construction Company, Appellant.
Judgment and order reversed and new trial granted, costs to abide the event, for error in the charge at folios 311-312. Woodward, Jenks, Burr and Thomas, JJ., concurred; Rich, J., dissented upon the ground that the charge complained of was withdrawn.