Majority
p. 820James P. Frearson, an Infant, by His Guardian ad Litem, Edward D. Frearson, Respondent, v. Mabel F. Goehringer, Appellant.
Order modified on the law and as modified affirmed, without costs. All concur, except Crosby, P. J., and MeCurn, J., who dissent and vote for reversal and for granting of the motion. (The portion of the order appealed from denies defendant’s motion to dismiss the complaint.) Present — Crosby, P. J., Cunningham, Dowling, Harris and MeCurn, JJ.