
    Russell K. Duxbury, Respondent, v. Benjamin C. Tousey and Susan C. Pulver, Appellants.
    Judgment and order reversed as to the defendant Susan C. Pulver, and as to her complaint dismissed, without costs. As to the defendant Benjamin C. Tousey, judgment and order reversed and new trial granted, costs to abide the event, unless within twenty days plaintiff stipulate to further reduce the verdict to the sum of $5,000, in which event the judgment as so modified and the order, are affirmed, without costs in this court.
   Putnam, Blaekmar, Kelly and Jaycox, JJ., concur; Rich, J., votes to reverse the judgment and order, and to dismiss the complaint as to both defendants.  