Majority
p. 639Jean Joseph Ract, Appellant, v. Eugene Duviard-Dime.
Judgment reversed and a new trial ordered, with costs to the appellant to abide the event, unless the defendant stipulates to modify the judgment as stated in opinion; but if the stipulation be given, then the judgment, as so modified, should be affirmed, without costs of this appeal. . Opinion by Daniels, J.