
    David H. Higgins, Appellant, v. Alfred Samisch, the Name “Alfred” Being Fictitious, etc., and Another, Respondents.
   Judgment and order reversed and a new trial granted, with costs to appellant to abide the event, on the ground that it was error to take from the jury the question of exemplary damages. (Samuels v. Evening Mail Association, 75 N. Y. 604; 9 Hun, 288.) Blackmar, P. J., Rich, Kelly, Jaycox and Manning, JJ., concur.  