
    William Pilkington, Respondent, v. Atwell, Gustin, Morris, Inc., and Terry & Tench Company, Inc., Appellants.
    (Argued March 17, 1932;
    decided March 31, 1932.)
    
      Clarence S. Zipp and E. C. Sherwood for Atwell, Gustin, Morris, Inc., appellant.
    
      Leo C. Weiler, Thomas E. Nolan and William E. Lowther for Terry & Tench Company, Inc., appellant.
    
      Benjamin C. Loder, J. Austin Lyons and Owen E. Reilly for respondent.
   Judgment as to defendant Atwell, Gustin, Morris, Inc., affirmed, with costs. Judgment as to Terry & Tench Company, Inc., reversed and new trial granted, with costs to abide the event, on the ground that it does not appear from the evidence that the act of the superintendent was within the scope of his employment; no opinion.

Concur: Pound, Ch. J., Crane, Lehman, O’Brien and Hubbs, JJ. Not sitting: Kellogg, J.  