Opinion
November, 1924.
We are of opinion that the verdict of $1,500 damages is excessive. Judgment and order reversed and a new trial granted, with costs to abide the event, unless within twenty days plaintiff shall file a stipulation consenting that the verdict be reduced to $1,000. In the event of such stipulation the judgment and order are unanimously affirmed, without costs. (See memorandum in Smith v. Huntington Lumber Coal Co., decided herewith, post, p. 807.) Kelly, P.J., Rich, Manning, Kelby and Kapper, JJ., concur.