Opinion
December, 1903.
Judgment and order reversed and new trial ordered, with costs to appellant to abide event, upon questions of law and facts, unless the plaintiff stipulates to modify the judgment by reducing the verdict to $5,500, as of the date of rendition thereof, in which event the judgment, as so modified, and order are affirmed, without costs of this appeal to either party. All concurred, except Stover, J., who voted for affirmance, without modification, and McLennan, P.J., who voted for reversal, upon the ground that the verdict was against the weight of the evidence.