Majority
p. 858Arthur Colpoys, as Administrator, etc., of John J. Colpoys, Deceased, Respondent, v. Erie Railroad Company, Appellant.
Judgment and order reversed on the facts, and new trial granted, unless the plaintiff shall, within ten days, stipulate to reduce the verdict to the sum of $5,000 as of the date of the rendition thereof, iii which event the judgment is modified accordingly, and as so modified is, together with the order, affirmed, without costs of this appeal to either party. All concur. Present—• Hubbs, P. J., Clark, Sears, Taylor and Sawyer, JJ.