
    HUESTED, Appellant, v. RICHMOND LIGHT & R. CO., Respondent.
    (Supreme Court, Appellate Division, Second Department.
    April 30, 1913.)
    Action by Edward L. Huested, as administrator, etc., of Orel Huested, deceased, against the Richmond Light & Railroad Company.
   PER CURIAM.

Judgment reversed, and new trial granted, costs to abide the event; upon the ground that the evidence presented an issue which should have been submitted to the jury.

HIRSCHBERG and BURR, JJ., vote to modify the judgment by striking out the words “upon the merits,” and to affirm the judgment, as so modified, without costs.  