O'BRIEN v. CITY OF SYRACUSE

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 is 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 concurred, except McLennan, J., not voting.