
    FITZGERALD, Respondent, v. ST. GEORGE, Appellant.
    (Supreme Court, Appellate Term.
    November 29, 1907.)
    Appeal from Municipal Court, Borough of Manhattan, First District. Action by Mary Fitzgerald, executrix of James M. Fitzgerald, against Henry V. St. George. From a judgment for plaintiff, defendant appeals. Reversed, and new trial ordered. August P. Wagener, for appellant. Isaac Fromme, for respondent.
   PER CURIAM.

We are of the opinion that substantial justice requires that there should be a new trial in this case. Judgment reversed, and new trial ordered, with costs to appellant to abide event.  