Majority
p. 948James E. McGovern, as Administrator, etc., of Bartholomew McGovern, Deceased, Respondent, v. The Excelsior Brick Company of Haverstraw, Appellant.
Judgment and order reversed and new trial granted, costs to abide the event, unless within twenty 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. No opinion. Jenks, P. J., Burr, Thomas, Carr and Rich, JJ., concurred.