
    RUSHTERFER, Respondent, v. VILLAGE OF TONAWANDA, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    May 13, 1902.)
    Action by Frank Rushterfer against the village of Tonawanda.
   PER CURIAM. ‘

Judgment and order reversed, upon the ground that the damages are excessive, and new trial ordered, with costs to the appellant to abide event, unless the respondent within five days stipulates to reduce the verdict as of the date of its rendition to the sum of $1,500, in which event the judgment as thus modified and the order are affirmed, without costs of this appeal to either party.  