
    Franklin A. Regan, Respondent, v. Herbert L. Dillon, Appellant, Impleaded with Another.
    
      Trial — verdict contrary to evidence—case submitted on wrong theory—judgment reversed and new trial granted.
    
    Appeal from part of a judgment of the Supreme Court, entered in the New York county clerk’s office November 2, 1921, upon a verdict, and also from an order entered November 1, 1921, denying a motion for a new trial.
   Per Curiam:

The verdict was contrary to the weight of the evidence, and the case was submitted to the jury on an erroneous theory of law. The judgment so far as appealed from and the order denying new trial should be reversed and a new trial ordered, with costs to appellant to abide the event. Present —■ Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. Judgment and order so far as appealed from reversed and new trial ordered, with costs to appellant to abide the event.  