Majority
p. 932Helena Nitch, Respondent, v. James McCann, Appellant.
This ease was tried and submitted on the theory of negligence. We think that the court erred in excluding testimony at folios 291 and 292, which was relevant and material, upon that issue. Judgment and order reversed and new trial granted, costs to abide the event. Jenks, P. J., Thomas, Putnam, Blaekmar and Kelly, JJ., concurred.