
    Harry J. Sherwood, Respondent, v. Justin Fleming, Appellant.
    (Appeal No. 2)
   Judgment unanimously reversed on the law and facts and a new trial granted, with costs to abide the event. (Same Memorandum as in Sherwood V. Fleming, 33 A D 2d 880.) (Appeal from judgment of Monroe Trial Term in automobile negligence action.) Present — Del Vecchio, J. P., Marsh, G-abrielli, Moule and Bastow, JJ.  