
    KINKADE v. LIVE OAK COPPER MINING & SMELTING CO. et al.
    (Supreme Court, Appellate Division, First Department.
    March 8, 1912.)
    Appeal from Special Term, New York County. Action by James F. Kinkade against the Live Oak Copper Mining & Smelting Company and others. From a judgment for plaintiff, defendant named appeals. Reversed conditionally. See, also, 146 App. Div. 957, 131 N. Y. Supp. 1123.
    Nelson Zabriskie, for appellant.
    J. Aspinwall Hodge, for respondent.
   PER CURIAM.

The judgment appealed from is reversed, and a new trial granted, unless plaintiff stipulates to reduce the judgment from $2,763.07 to $1,634.06; and if such stipulation be given, then the judgment^ appealed from is so modified, and, as modified, affirmed, without costs to either party on this appeal.  