
    DAVIS v. MAXWELL.
    (Supreme Court, Appellate Division, Third Department.
    June 27, 1906.)
    Action by William H. Davis against John Maxwell.
   PER CURIAM.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event, unless the plaintiff stipulates to reduce the verdict to $1,200, in which case the judgment as so reduced, and order, affirmed, without costs.

KELLOGG, J.,

votes for reversal upon the ground that $1200 even is excessive and that erroneous rulings were made upon the trial to the defendant’s prejudice.  