McConnell v. Morse Iron Works & Dry Dock Co.

The discussion on the reargument has not couvineed us- that this case 'is controlled by Schapp v. Bloomer (181 N. Y. 125). We, therefore, adhere to our former deci-' sion, reported in 102 Appellate Division, 324.— Judgment and "order reversed add' new trial granted, costs to abide the _event. Hirschberg, P. J., Woodward, ■Jenks, Rich and Miller, JJ., concurred.' . ,