James F. Kinkade, Respondent, v. Live Oak Copper Mining and Smelting Company, Appellant, Impleaded with Frederick H. Kaldenberg, as President of the Live Oak Copper Mining and Smelting Company, and Others

James F. Kinkade, Respondent, v. Live Oak Copper Mining and Smelting Company, Appellant, Impleaded with Frederick H. Kaldenberg, as President of the Live Oak Copper Mining and Smelting Company, and Others. Appeal from a judgment entered in the New York county clerk’s office on the 26th day of January, 1911, after trial at Special Term. [MAJORITY — Per Curiam:] Per Curiam: The judgment appealed from is reversed and a new trial granted unless plaintiff stipulates to reduce the judgment from $2,768.07 to $1,634.06, and if such stipulation be given, then the judgment appealed from is so modified and as modified affirmed, without costs to either party on this appeal. Present — Ingraham, P. J., McLaughlin, Laughlin, Miller and Dowling, JJ. Judgment reversed and new trial ordered, costs to appellant to abide event, unless plaintiff stipulates to reduce judgment as stated in opinion, in which event, judgment as so modified affirmed, without costs. Order to be settled on notice.