
    WINKLER, Respondent, v. H. CLAUSEN & SON, Appellant.
    (Supreme Court, Appellate Division, First Department.
    December 3,1909.)
    Action by John Winkler against H. Clausen & Son.
    F. V. Johnson, for appellant.
    M. L. Malevinsky, for respondent.
   PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event, unless plaintiff stipulates to reduce verdict to $5,500, in which event, judgment, as so modified, and order, affirmed, without costs. Settle order on. notice.  