Fleischer v. Metropolitan St. Ry. Co. , 81 N.Y.S. 1126 ( 1903 )

PER CURIAM.

Judgment and order reversed, and new trial granted, costs to abide the event, unless within.20 days plaintiff stipulate to reduce recovery of damages to the sum of $5,000, .and extra allowance proportionately, in which case the judgment and order, as modified, are affirmed, without costs of this appeal to either party.

HIRSCHBERG and HOOKER, JJ., vote for affirmance.