Opinion
October 26, 1955.
Present — McCurn, P.J., Vaughan, Kimball, Wheeler and Van Duser, JJ.
Judgment reversed on the facts and a new trial granted, with costs to the appellant to abide the event, unless the plaintiff shall, within ten days, stipulate to reduce the verdict to the sum of $6,500, as of the date of the rendition thereof, in which event the judgment is modified accordingly and, as so modified is affirmed, without costs of this appeal to either party, upon the ground that the verdict of the jury was excessive. All concur, except Van Duser, J., who dissents and votes for affirmance. (Appeal from a judgment of Cattaraugus Trial Term for plaintiff in an automobile negligence action.)