
    George J. Herberger, Appellant, v. Washington Bulkley, Inc., Respondent.
   Judgment and order denying motion for a new trial reversed upon the law, and new trial granted, with costs to abide the event. We are unable to say that the charge of the court in the absence of counsel was not prejudicial to the plaintiff. Kelly, P. J., Rich, Jaycox, Kelby and Young, JJ., concur.  