
    McKAY, Respondent, v. CITY OF OSWEGO, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    September 1906.)
    Action by Thomas L. McKay against the city of Oswego.
   PER CURIAM.

Judgment and order denying motion for new trial under section 999 of the Code of Civil Procedure reversed, and a new trial granted on the facts, with costs to the appellant to abide the event, unless the plaintiff stipulates to reduce the verdict to the sum of $500 as of the date of the rendition thereof, in which event the judgment, as thus modified, and the order, are affirmed, without costs of this appeal to either party.

McLennan, P. j., not sitting. NASH, J„ dissents and votes for new trial.  