
    Lester B. Faulkner, Respondent, v. Andrew McCurdy, Appellant.
    
   — In case plaintiff stipulates to strike out the damages allowed, the judgment so modified is affirmed, with costs. If plaintiff does not so stipulate, the judgment is reversed as to damages and affirmed in all other respects, and a new trial is granted as to the amount of damages only ; and in case a new trial is had, if the amount of damages is reduced upon such new trial, the costs of this appeal shall be paid by the plaintiff, otherwise by the defendant. Opinion by

Smith, P. J.  