
    Albert J. Picken, Respondent, v. Erskine D. Smith, Appellant, Impleaded with Others.—
   Judgment and order reversed and a new trial ordered, with costs to the appellant to abide the event, unless the plaintiff stipulates to reduce the recovery to the sum of $5,000, in which event the judgment and order, as thus modified, are affirmed, without costs of this appeal to either party. All concurred.  