Opinion
March 8, 1950.
Present — Taylor, P.J., McCurn, Love, Kimball and Piper, JJ.
Judgment and order denying motion for a new trial reversed on the facts and a new trial granted, with costs to the appellant to abide the event, unless the plaintiff shall, within ten days, stipulate to reduce the verdict to the sum of $2,500, 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. Order denying defendant's motion to set aside the verdict and for a directed verdict for defendant affirmed, without costs. All concur. (The judgment appealed from is for plaintiff in an automobile negligence action. The orders deny motions for a new trial and to set aside the verdict and for a directed verdict for defendant.)