
    HENRY A. SIEBRECHT, Respondent, v. WILLIAM H. WEBB, Appellant.
    Before Speir and Freedman, JJ.
    
      Decided November 9, 1881.
    
      New trial on ground of excessive verdict—granted on condition that appellant pay costs.—Error of jury.-
    
    Appeal from a judgment of $4,398.33, entered upon a verdict in favor of the plaintiff, and from an order denying defendant’s motion for a new trial on the minutes, on the ground, among others, that the verdict was excessive.
    The court, at General Term, after stating the rule of law applicable to damages, said: ‘ ‘ Tested by this rule we think that upon the evidence before the jury their verdict is clearly excessive. The mere opinion of the plaintiff as to the amount of the loss, cannot prevail except so far as it is sustained by facts and circumstances.
    “The judgment and order should be reversed and a new trial ordered. But as the error was that of the jury, it must be on payment of the costs of the trial” (Morey v. Metrop. Gas Light Co., 38 Sv/per. Ct. 185).
    
      Flanagan & Bright, for appellant.
    
      Beach & Brown, for respondent.
   Opinion per Curiam.

Judgment and order reversed and new trial ordered, on payment of costs of trial.  