
    Thomas H. Dauch, Appellant, v. Arthur O. Theed, Respondent.
   Judgment and order reversed on the law, and new trial granted, with costs to abide the event, on authority of Dauch v. Theed [ante, p. 682], decided herewith. Rich, Jayeox and Manning, JJ., concur; Kelly, P. J. and Kapper, J., dissent.  