Majority
p. 809John L. Bauer, Appellant, v. Morse Dry Dock and Repair Company, Respondent.
Judgment reversed on the facts, and new trial granted, costs to abide the event. The evidence adduced by the plaintiff entitled him to have the questions of fact involved passed upon by the jury. Blackmar, P. J., Rich, Jayeox, Manning and Kelby, JJ., concur.