Majority
p. 935Sampson Schreiber, an Infant, by Flora Schreiber, His Guardian ad Litem, Respondent, v. James F. Fargo, as Treasurer of the American Express Company, Appellant.
Judgment and order reversed and new trial ordered, with costs to appellant to abide event, unless plaintiff stipulates to reduce verdict to the sum of $8,500; in which event the judgment as so modified and the order appealed from are affirmed, without costs. No opinion. Order to be settled on notice. Present — Clarke, P. J., Laughlin, Scott, Dowling and Smith, JJ.