O’BRIEN, Respondent, v. CITY OF SYRACUSE, Appellant.
(Supreme Court, Appellate Division, Fourth Department.
June 13, 1899.)
Action by Michael O’Brien against the city of Syracuse.
[MAJORITY]
No opinion. Judgment and order reversed, and a new trial ordered, with costs to the appellant to abide the event, unless the plaintiff stipulates to reduce the damages to §500, in which event the judgment and order are modified so as to award the said damages and the costs of the action, and as so modified affirmed, without costs of this appeal to either party. All concur, except McLEÑNAN, J., not voting. See 52 N. Y. Supp. 224.