
    GOLDEN, Respondent, v. HERRING-HALLMARVIN SAFE CO., Appellant.
    (Supreme Court, Appellate Division, First Department,
    November 8, 1907.)
    Appeal from Trial Term.
    Action by Joseph Golden against the Herring-Hall-Marvin Safe Company. From a judgment on a verdict for plaintiff, and from an order denying plaintiff’s motion for a new trial, he appeals. Reversed, and new trial granted. Frank v. Johnson, for appellant. Charles Caldwell, for respondent.
   PER CURIAM.

The facts disclosed by the evidence in the present case do not differ in any material particular from those involved in Dolan v. Herring-Hall-Marvin Safe Co., 105 App. Div. 366, 94 N. Y. Supp. 241. Upon the authority of that case, the judgment must be reversed, and a new trial granted, with costs to the appellant to abide the event.  