Majority
p. 787Meryle L. S. Parsons, an Alleged Incompetent Person, by Charles D. Skinner, Her Guardian ad Litem, Respondent, v. James H. Spicer, Appellant, et al., Defendants.
Judgment and order reversed on the law and a new trial granted, with costs to the appellant to abide the event, on the ground that the Trial Court erroneously refused to submit to the jury the question whether the plaintiff and the defendant, Spicer, were in the same employ at the time of the accident. All concur. (The judgment is for plaintiff in an automobile negligence action. The order denies a motion for a new trial.) Present — Taylor, P. J., Dowling, Harris, McCurn and Love, JJ.