Opinion
January 5, 1939.
Present — Sears, P.J., Crosby, Lewis, Cunningham and Taylor, JJ.
Judgment and order reversed on the facts and a new trial granted, with costs to the appellants to abide the event, unless the plaintiff shall, within ten days, stipulate to reduce the verdict to the sum of $5,500, $500 of which relates to the second cause of action, as of the date of the rendition thereof, in which event the judgment is modified accordingly and, as so modified, is, together with the order, affirmed, without costs of this appeal to either party. Memorandum: Examination of the record convinces us that a verdict in favor of the plaintiff against the defendants is supported by the evidence and is not against its weight. All concur. (The judgment is for plaintiff in an automobile negligence action. The order denies a motion for a new trial.)