
    David Brady, Respondent, v. Village of Herkimer, Appellant.
   Judgment and order reversed on the law and facts, without costs of this appeal to either party, and a new trial granted. See Memorandum filed in companion case of Brady V. Village of Herkimer (3 A D 2d 974). All concur. (Appeal from a judgment of Herkimer Trial Term for plaintiff in a negligence action. The order denied a motion for a new trial.) Present — MeCurn, P. J., Vaughan, Kimball, Williams and Éastow, JJ.  