
    PARMLEE, Respondent, v. ASSOCIATED PHYSICIANS & SURGEONS, Appellant.
    (Common Pleas of New York City and County, General Term.
    April 26, 1894.)
    Appeal from sixth district court.
    Action by Samuel B. Parmlee against the Associated Physicians & Surgeons. Argued before BOOKSTAYER and BISCHOFF, JJ.
    W. M. Adee, for appellant.
    D. B. Simpson, for respondent.
   BOOKSTAVER, J.

We think the judgment should be reversed and a new trial ordered, on the authority of Bohm v. Brewery Co., 9 N. Y. Supp. 514; Rathbun v. Snow, 3 N. Y. Supp. 925, affirmed 123 N. Y. 343, 25 N. E. 379; and Westervelt v. Radde, 7 Daly, 326; costs to appellant, to abide the event.  