Opinion
April, 1905.
Present — Van Brunt, P.J., Patterson, Ingraham, McLaughlin and Laughlin, JJ.
Order and judgment modified as directed in opinion, and as modified affirmed, without costs.
The order appealed from should be modified so as to read as follows: "Ordered that said motion be and the same hereby is granted so far as to set aside the verdict, and a new trial is hereby ordered, without costs." And the judgment should be modified so as to read as follows: "Adjudged that the said verdict be and the same hereby is vacated and set aside, and a new trial is ordered, without costs." As so modified the order and judgment are affirmed, without costs of appeal.