Majority
p. 636Chauncey G. Starkweather, Respondent and Appellant, v. Charles W. Briggs and others, Appellants and Respondents.
Judgment reversed and new trial ordered, with the costs of this appeal to abide the event, unless the plaintiff stipulates, within twenty days, to deduct, as of the date of the report, §3,101.84 from the amount of the judgment. In that event the judgrae'nt be so modified, and as modified affirmed, without costs. Opinion by Bradley, J.; Smith, P. J., not voting.