
    Ellen M. Hayes, Respondent, v. John A. Smith, Appellant.
   Judgment and order reversed and new trial granted, costs to abide the event, unless within twenty days plaintiff stipulate to reduce the amount of the verdict to $5,000, in which event the judgment as so modified and the order arc affirmed, without costs. Jenks, P. J., Blaekmar, Kelly and Jaycox, JJ., concur; Mills, J., dissents upon the ground that the court erred in excluding evidence as to automobile tracks upon the highway at folios 1017 and 1291, and votes for reversal.  