
    SWINGLE, Respondent, v. EMPIRE STATE DAIRY CO., Appellant.
    (Supreme Court, Appellate Division, Third Department.
    May 4, 1910)
    Action by Alton W. Swingle against the Empire State Dairy Company.
   PER CURIAM.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event, unless plaintiff stipulates to reduce the damages to $500, in which case the judgment, as so modified, and order, affirmed, without costs.

HOUGHTON, J., votes for reversal.  