
    WALSH, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    November 20, 1907.)
    Action by Martin T. Walsh against the New York Central & Hudson River Railroad Company.
   PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to appellant' to abide the event, unless the plaintiff, within 20 days, stipulates to reduce the verdict to the sum of $50 as of the date of the rendition thereof, in which event the judgment is modified accordingly, and, as so modified, affirmed, without costs of this appeal to either party.

ROBSON, J., dissents, and votes for affirming.  