
    McGOVERN, Respondent, v. EXCELSIOR BRICK CO. OF HAVERSTRAW, Appellant.
    (Supreme Court, Appellate Division, Second Department.
    January 27, 1911.)
    Action by James E. McGovern, as administrator, etc., of Bartholomew McGovern, deceased,' against the Excelsior Brick Company .of Haverstraw.
   PER CURIAM.

Judgment and order reversed, and new trial granted, costs to abide the event, unless within 20 days plaintiff stipulate to reduce the recovery of damages to the sum of $3,000, in which event the judgment, as modified, and the order, are unanimously affirmed, without costs.  