
    McCAULEY v. WILLIAM BRADLEY & SON.
    (Supreme Court, Appellate Division, First Department.
    December 24, 1915.)
    Appeal from Trial Term, New York County. Action by Margaret A. McCauley, administratrix, against William Bradley & Son. From a judgment dismissing the complaint on the opening of counsel, plaintiff appeals. Reversed. See, also, 155 N. Y. Supp. 1121.
   PER CURIAM.

We think that the complaint clearly states a cause of action, and that the facts stated in the opening do not so qualify the allegations of the complaint as to justify a dismissal of the complaint upon the opening. The judgment appealed from must be reversed and a new trial ordered, with costs to the appellant to abide the event. Order filed. McLaughlin, j., dissents.  