
    HOWELL, Respondent v. NEW YORK CENT. & H. R. R. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    January 23, 1907.)
    Action by Harry Howell against the New York Central & Hudson River Railroad Company.
   PER OURIAM.

Judgment and order re~ versed, and new trial ordered, with costs to the appellant to abide the event unless the plaintiff stipulates to reduce the verdict to the sum of $2,000 as of the date of the rendition thereof, in which e~vent the judgment as so modified and the order are affirmed, without costs of this appeal to either party.

KRUSE and ROBSON, JJ., dissent, and vote for affirmance.  