Judgment as to defendant Atwell, Gustin, Morris, Inc., affirmed, with costs. Judgment as to Terry & Tench *524 Company, Inc., reversed and new trial granted, with costs to abide the event, on the ground that it does not appear from the evidence that the act of the superintendent was within the scope of his employment; no opinion.

Concur: Pound, Ch. J., Crane, Lehman, O’Brien and Hubbs, JJ. Not sitting: Kellogg, J.