
    NOONAN, Respondent, v. LUTHER, Appellant.
    (Supreme Court, Appellate Division, Third Department.
    January 4, 1911.)
    Action by Jennie B. Noonan against Thomas C. Luther.
   PER CURIAM.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event, unless plaintiff stipulates to reduce the verdict to $500, in which case judgment, as so modified, and order, affirmed, without costs. See, also, 128 App. Div. 673, 112 N. Y. Supp. 898.

KELLOGG and HOUGHTON, JJ., vote for absolute reversal.  