
    BERMINGHAM, Respondent, v. G. H. GERARD, SON & CO., Appellants, et al.
    (Supreme Court, Appellate Division, First Department.
    December 24, 1909.)
    Action by Edward J. Bermingham against G. H. Gerard, Son & Co., impleaded.
    S'. W. Catlin, for appellants.
    W. E. Weaver, for respondent.
   PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event, on the ground that the verdict is against the weight of evidence. Order filed.

INGRAHAM and LAUGHLIN, JJ., dissent.  