Opinion
February Term, 1902.
Present — Van Brunt, P.J., O'Brien, Ingraham and Hatch, JJ.
Upon plaintiff stipulating to reduce judgment as entered to $10,996.95, judgment as so reduced and order affirmed, without costs, otherwise, judgment and order reversed, new trial ordered, costs to appellant to abide event.
The amount of damages awarded in this case is clearly excessive. If the plaintiff will stipulate to reduce the judgment as entered to the sum of $10,996.95, the same as so reduced, and the order denying motion for new trial, will be affirmed, without costs to either party on this appeal. Unless such stipulation be given, the judgment and order will be reversed and a new trial ordered, with costs to the appellant to abide event.