Majority
p. 955Denison Cotton Mill Company, Respondent, v. Herx & Eddy, Appellant.
Judgment and order affirmed, with costs. No opinion. Present, —Ingraham, P. J., Laughlin, Clarke, Scott and Smith, JJ.; Smith, J., dissented; Laughlin, J., dissented and voted for reversal and new trial unless plaintiff stipulate to reduce verdict to one-third.