Majority
p. 759(December 19, 1947.) Edith L. Thistle, Respondent, v. Frederick C. Stutzman, Appellant, et al., Defendants.
Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event, unless plaintiff stipulates to reduce the judgment as entered to the sum of $5,168.10, in which event the judgment as so modified is affirmed, without costs. Ho opinion. Settle order on notice. Present — Glennon, J. P., Dore, Cohn, Callahan and Van Voorhis, JJ.