
    EVANS, Respondent, v. EASTMAN KODAK CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    October 20, 1909.)
    Action by Clarence E. E~vans, an infant, etc., against the Eastman Kodak Company.
   PER CtJRIAM.

~udgment and order reversed, and new trial ordered, with costs to appellant to abide event, upoa the authority of the decision in the same case on former ap~eal, reported at 129 App. Div. 768, 113 N. Y. Supp. 986.

KRIJSE and ROBSON, JL, dissent.  