Hayes v. Smith

Judgment and order reversed and new trial granted, costs to abide the event, unless within twenty days plaintiff stipulate to reduce the amount of the verdict to $5,000, in which event the judgment as so modified and the order arc affirmed, without costs. Jenks, P. J., Blaekmar, Kelly and Jaycox, JJ., concur; Mills, J., dissents upon the ground that the court erred in excluding evidence as to automobile tracks upon the highway at folios 1017 and 1291, and votes for reversal.