
    ASMUSSEN, Respondent, v. METROPOLITAN ST. RY. CO., Appellant.
    (Supreme Court, Appellate Division, First Department.
    March 24, 1905.)
    Action by John T. Asmussen against the Metropolitan Street Railway Company. O. F. Brown, for appellant. - F. E. Blackwell, for respondent.
   PER CURIAM.

Judgment reversed, and new trial ordered, costs to appellant to abide event, unless plaintiff stipulates to reduce judgment as entered, including costs and allowance, to the sum of $3,331.45, in which event, judgment (as so modified) and order affirmed, without costs.  