Opinion
July 14, 1955.
Present — McCurn, P.J., Vaughan, Piper, Wheeler and Van Duser, 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 $5,519.69, 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 any party, on the ground that the verdict of the jury on the question of damages is excessive. All concur, except Van Duser, J., who dissents and votes for affirmance. (Appeal from a judgment of Monroe Trial Term, for plaintiff in an automobile negligence action. The order denies a motion for a new trial.)