
    MacKINSTRY, Respondent, v. NEW YORK CENT. R. CO., Appellant.
    (Supreme Court, Appellate Division, Third Department.
    May 5, 1915.)
    Action by Everett MacKinstry against the New York Central Railroad Company, successor to the New York Central & Hudson River Railroad Company.
   PER CURIAM.

Judgment and order reversed, and new trial granted, with costs to ap-pellant to abide event, on the ground that the damages are excessive, unless the plaintiff stipulates to reduce the verdict to §2,500; in case such stipulation is filed, the judgment is so modified, and, as modified, judgment and order affirmed, without costs.

HOWARD, J., votes for affirmance.  