Majority
p. 942Jonathan L. Watrous, Resp’t, v. Richard C. Duell, App’lt.
Judgment and order reversed and a new trial ordered, with costs to abide the event, unless the respondent shall within twenty days stipulate to modify the judgment and order by deducting therefrom $20.43, in which event the order and judgment, as so modified, are affirmed, without costs of the appeal to either party.