Somers v. Harris

Decision amended so as to read as follows: Judgment, in so far as appealed from, and order reversed on law and facts, and new trial granted, with costs to appellant to abide event. Opinion by Woodward, J.; Howard, J., concurred; Kellogg and Lyon, JJ., concurred in the second and third grounds; Smith,. P. J., concurred on ground last stated. (See 161 App. Div. 230 .) The court disapproves of the findings of fact numbered 6, 6, 10, 14, 18,19, 30, 31, 33, 33.