
    WEIL, Respondent, v. WEBENDORFER, Appellant.
    (Supreme Court, Appellate Division, Second Department.
    February 28, 1913.)
    Action by Carl Weil against Henry Webendorfer.
   PER CURIAM.

Judgment and order reversed, and new trial granted, costs to abide the event, on the ground of error in the admission of evidence as to the vicious nature of defendant’s horse; the action having been brought for a breach of contract, and not in tort. See Kent v. Standard Oil Co., 138 App. Div. 502, 122 N. Y. Supp. 1047.  