Majority
p. 876Elizabeth Hayden, Administratrix, etc., of Thomas Hayden, Deceased, Respondent, v. Eugene Merrell, Appellant.
The parties having stipulated in writing that this case may be decided by a court of four justices, the decision is as follows: Order denying motion for new trial upon the ground of newly-discovered evidence affirmed, with costs. No opinion. Young, Lazansky and Hagarty, JJ., concur; Kapper, J., dissents.