Majority
p. 737Daniel Spiegel, Respondent, v. Samuel D. Jacobs, Appellant, Impleaded with Another.[1]
Judgment affirmed, with costs. No opinion. Present — Finch, P. J., Merrell, MeAvoy, Martin and Sherman, JJ.; Merrell and Martin, JJ., dissent upon the ground that the plaintiff failed to prove any negligence on the part of the defendant.