
    Bergen Tallman, Respondent, v. Northwestern National Insurance Company, Appellant.
   Judgment reversed on the law and the facts and a new trial granted, costs to appellant to abide the event. We are of opinion that the determination was against the weight of the evidence. This court recommends that the new trial be had before a jury. Findings of fact numbered fifth to twenty-fourth, inclusive, and conclusions of law numbered first to third, inclusive, are reversed. Lazansky, P. J., Hagarty, Seudder and Tompkins, JJ., concur; Carswell, J., concurs in result.  