
    MONROE, Respondent, v. AUBURN & S. ELECTRIC R. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    October 13, 1909.)
    Action by Martin U. Monroe against the Auburn & Syracuse Electric Railroad Company.
   PER CURIAM.

Judgment and order reversed, and! new trial ordered, with costs to appellant to abide event, unless tbe plaintiff shall, within 20 days, stipulate to reduce the verdict to the sum of $4,000 as of the date of the rendition thereof, in which event the judgment is modified accordingly, and, as so modified, is, together with the order, affirmed, without costs of this appeal to either party.  