
    FLEISCHER, Respondent, v. METROPOLITAN ST. RY. CO., Appellant.
    (Supreme .Court, Appellate Division, Second Department.
    March 13, 1903.)
    Action by John Fleischer against the Metropolitan Street Railway Company.
   PER CURIAM.

Judgment and order reversed, and new trial granted, costs to abide the event, unless within.20 days plaintiff stipulate to reduce recovery of damages to the sum of $5,000, .and extra allowance proportionately, in which case the judgment and order, as modified, are affirmed, without costs of this appeal to either party.

HIRSCHBERG and HOOKER, JJ., vote for affirmance.  