
    PICKEN, Respondent, v. SMITH, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    March 21, 1900.)
    Action by Albert J. Picken against Erskine D. Smith, impleaded, etc.
   PER CURIAM.

Judgment and order reversed, and a new trial ordered, with costs to the appellant to abide the event, unless the plaintiff stipulates to reduce the recovery to the sum of $5,000, in which- event the judgment and order, as thus modified, are affirmed, without costs of this appeal to either party.  