
    O’GORMAN, Respondent, v. TIERNAN, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    November 15, 1910.)
    Action by James R. O’Gorman against John Tier-nan.
   PER CURIAB!.

Judgment and order reversed and new trial ordered, with costs to appellant to abide event, tHeld, that the court erred in charging the jury that, if the jury found a verdict for the plaintiff, it should be in the sum of $50.  