Majority
p. 743Karl E. Schultz, as Executor of Marie L. Schultz, Deceased, Respondent, v. County of Erie, Appellant. (Action No. 2.)
Judgment and
p. 744
orders unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Same memorandum as filed in companion case of Hunt v. Schultz (21 A D 2d 743). (Appeal from judgment of Erie Trial Term in favor of plaintiff in an automobile negligence action; also, appeal from order denying motion for a new trial; also, appeal from order of Erie Special Term amending the judgment.) Present — Williams, P. J., Bastow, Henry, Noonan and Del Vecehio, JJ.